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Foreign businessmen, going to another country to set up a company, will participate in business meetings in Poland. They are planning new investments. Duty of a foreigner to return.

DUTY OF A FOREIGNER TO RETURN – appeal procedure

When duty of a foreigner to return appear? A foreigner is obliged to leave Poland before the end of the stay, to which he is entitled on the basis of a Schengen visa or a national visa and before the end of the visa’s validity period.

A foreigner is obliged to leave Poland before the expiry of the temporary residence permit.

A foreigner is obliged to leave Poland within 30 days from the date on the final decision:

  • on refusal to extend the Schengen or national visa to him, grant him a temporary residence permit, permanent residence permit, long-term resident’s EU residence permit or the decision to withdraw the permit from the foreigner;
  • on refusing to grant refugee status to a foreigner or subsidiary protection,
  • on withdrawal of the residence permit for humanitarian reasons.

Procedure in duty of a foreigner to return is conducted by the Commanding Officer of a Polish Border Guard Unit or the Commanding Officer of a Polish Border Guard Outpost (I instance authority).

WHY MAY BE ISSUED A DECISION OBLIGING A FOREIGNER TO RETURN?

The foreigner’s obligation to return may be issued in relation to the foreigner who:

  •  stays in Poland without a valid visa or other valid document giving him right to enter and stay in Poland, if a visa or other document is required,
  • he did not leave Poland after using the approved period of stay in the territory of the Schengen countries to which he was entitled without need to have a visa in any period of 180 days, unless international agreements state otherwise,
  • he did not leave Poland after using the permissible period of stay indicated in the Schengen visa in any period of 180 days, or after using the permissible period of stay on the basis of the national visa,
  • was performing work without a required work permit or a registered statement of the employer about the intention to entrust work to a foreigner
  • he undertook a business activity that is illegal under Polish law,
  • the purpose and conditions of the foreigners stay in Poland are inconsistent with the declared, unless the law allows their change

APPEAL PROCEDURE

The decision of I instance authority can be appealed to the Head of the Office for Foreigners (II instance authority), on time 14 days from the date of receipt of the decision. Appeal is submitting through the authority that issued the decision.

The decision of the Head of the Office can be appealed to the Regional Administrative Court in Warsaw, within 30 days from the date of receipt of the decision.

Filing a complaint cannot suspend the enforcement of the decision, however, the Regional Administrative Court in Warsaw or the authority which issued a decision may delay its execution.

The authority conducting the procedure have to inform foreigner about:

  1. the rules, procedures, rights granted to him/her and obligations. All the information should be in writing in a language he/she understands,
  2. the non-government organisations dealing with giving foreigners assistance, including legal aid,
  3. the possibility of submitting an application for refugee status

A decision obliging a foreigner to return specifies a period of voluntary return, which lasts from 15 to 30 days starting from the date of delivery of the decision.

This decision is recorded in the foreigner’s passport.

ORDER FORBIDDING RE-ENTRY INTO POLAND

A decision obliging a foreigner to return specifies a period during which the foreigner is forbidden to re-enter Poland.

This ban is issued to the foreigner from 6 months to 5 years.

CANCELLATION OF AN ORDER FORBIDDING RE-ENTRY

The authority that issued the foreigner’s decision to oblige the foreigner to return, at the request of the foreigner, may withdraw the entry ban if the foreigner demonstrates that:

  • he fulfilled the obligations resulting from the decision to oblige the foreigner to return (for example, he left Poland in the period specified in the decision),
  • they re-entry to Poland or other Schengen countries take place due to justified circumstances, especially for humanitarian reasons,
  • he was given help in his voluntary return,
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Author: The Migration Bureau

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