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Obligation to return and withdrawal of the re-entry ban

Obligation to return and withdrawal of the re-entry ban




The decision on obliging the foreigner to return shall be issued to the foreigner when:


  • stays or has stayed on the territory of the Republic of Poland without a valid visa or other valid document entitling him to enter and stay there, if a visa or other document is or was required,
  • he did not leave the territory of the Republic of Poland after using the permissible period of his stay in the territory of all or some of the Schengen states to which he was entitled without the need to have a visa, in each period of 180 days, unless international agreements state otherwise,
  • he did not leave the territory of the Republic of Poland after using the permissible period of his stay indicated in the Schengen visa in each period of 180 days, or after using the permissible period of stay on the basis of the national visa,
  • performs or on the day of the initiation of control of the legality of performing work carried out by the authorized body performing the work without a proper work permit or statement on entrusting work to a foreigner entered in the records of declarations,
  • undertook a business activity contrary to the regulations in force in this area on the territory of the Republic of Poland,
  • does not have the financial means necessary to cover the costs of stay on the territory of the Republic of Poland, return travel to the country of origin or residence or transit through the territory of the Republic of Poland to a third country that will grant permission to enter, and did not indicate reliable sources for obtaining such funds,
  • it is obligatory to enter the foreigner’s data in the list of foreigners whose stay on the territory of the Republic of Poland is undesirable,
  • data of a foreigner are included in the Schengen Information System for the purposes of refusing entry, if a foreigner stays on the territory of the Republic of Poland as part of a visa-free travel or Schengen visa application, with the exception of a visa authorizing only entry into the territory of the Republic of Poland and stay in that territory,
  • it is required for reasons of national defense or security or for the protection of public safety and order or the interests of the Republic of Poland,crossed or attempted to cross the border contrary to the law,
  • he has been sentenced by a valid sentence in the Republic of Poland to imprisonment subject to execution and there are grounds for conducting proceedings in the matter of transferring him abroad for the purpose of enforcing the sentence imposed on him,
  • stays outside the border area where, in accordance with the local border traffic permit, he may stay, unless international agreements state otherwise,
  • stays on the territory of the Republic of Poland after the expiration of the period of stay to which he was entitled on the basis of the permit to cross the border under local border traffic, unless international agreements state otherwise,
  • a foreigner’s continued stay on the territory of the Republic of Poland will constitute a threat to public health, which has been confirmed by a medical examination, or for international relations of another EU Member State,
  • the purpose and conditions of the foreigner’s stay on the territory of the Republic of Poland are inconsistent with the declared, unless the law allows their change,
  • a decision on refusal of refugee status or subsidiary protection, recognition of an application for international protection as inadmissible, discontinuation of proceedings for granting international protection or decision to deprive it of refugee status or subsidiary protection and a foreigner has been issued:

                - he did not leave the territory of the Republic of Poland in the time and case referred to in art. 299 par. 6 point 1 lit. b, either

                - he stays in a guarded center or in custody for foreigners.


The decision on the foreigner’s obligation to return shall be defined as the ban on re-entry into the territory of the Republic of Poland and other countries of the Schengen area. This ban is issued to the foreigner from 6 months to 5 years.


Withdrawal of the re-entry ban is possible if the foreigner demonstrates that:


  • he has fulfilled his obligations under the decision obliging the foreigner to return, or
  • its re-entry into the territory of the Republic of Poland or other countries of the Schengen area is to take place due to justified circumstances, especially for humanitarian reasons, or
  • he was granted assistance in voluntary return, referred to in art. 334 or in art. 75 of the Act of 13 June 2003 on granting protection to foreigners within the territory of the Republic of Poland.


However, the authority, considering the application for withdrawal of the ban, takes into account, among others:


  • circumstances in which the foreigner has been issued a decision on obliging the foreigner to return;
  • circumstances for which a foreigner is to re-enter the territory of the Republic of Poland or other Schengen countries.


The re-entry ban shall not be withdrawn if:


  • the entry or stay of a foreigner on the territory of the Republic of Poland may constitute a threat to the defense or security of the state or to protect public safety and order or to infringe the interests of the Republic of Poland or
  • the foreigner did not pay the costs related to the issuance and implementation of the decision on the foreigner’s obligation to return which he was obliged to incur, or
  • it was adjudicated after the foreigner’s decision to withdraw the prohibition referred to in art. 318, and it has not been 2 years since the decision was issued, or
  • half of the period for which the ban was imposed has not yet expired.



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