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Information
about the principles, mode of conduct, obligations imposed on a foreigner and his rights in connection with the decision on the expulsion from the territory of the Republic of Poland

1. The decision on expulsion from the territory of the Republic of Poland is issued in connection with the occurrence of the conditions laid down in Article 88 of the Act of 13 June 2003 on foreigners - hereinafter referred to as the Act (Dz. U. of 2006, No. 234, item 1694, as amended), if a foreigner:  

1) stays on the territory of the Republic of Poland without a valid visa, if it is required, or any other document which allows for entry and stay in that territory;

2) did not leave the territory of the Republic of Poland after exhausting the allowed time of stay in the territory of the Schengen states for 3 months within 6 months from the date of first entry;

3) performed work without the required permit, or undertook business activities in violation of the laws in force in this field in the Republic of Poland;

4) does not have the financial means necessary to cover the stay on Polish territory and cannot identify reliable sources of their acquisition;

5) his data are included in the list of foreigners whose residence in the territory of Poland is undesirable;

6) his data are in the Schengen Information System for the purposes of refusing entry, if the foreigner stays on Polish territory under a uniform residence visa or visa-free traffic;

7) his further stay would pose a threat to national defence or national security or the protection of public safety and order or violate the interests of the Republic of Poland;

8) contrary to the laws passed or attempted to cross the border;

9) he did not voluntarily leave the Polish territory within the period specified in another decision;

10) he does not comply with fiscal obligations to the Treasury;

11) completed serving a sentence of imprisonment;

12) has been sentenced in Poland in a final decision on imprisonment and there are reasons to transfer him abroad for enforcement purposes.

13) resides outside the border zone, in which, according to the permit for crossing the border under the local border traffic, he may reside;

14) stays in the territory of the Republic of Poland after the period of stay, to which he was entitled under a permit to cross the border under the local border traffic.

2. In the cases referred to in points 1-4, 8, 13 and 14 above, under Article 97, a foreigner may be required to leave the territory of the Republic of Poland within 7 days, if the circumstances of the case show that he will voluntarily perform this obligation.

 3. In accordance with Article 101 of the Act, a foreigner, against whom there are circumstances justifying the issuance of the decision on expulsion or who fails to comply with the obligations set out in the decision on expulsion, may be detained for a period not longer than 48 hours.

4. A foreigner is placed in a secure facility if:

- this is necessary for the smooth conduct of the proceedings on expulsion,

- there is a justified concern that the foreigner will evade the execution of the expulsion decision,

- he passed or attempted to cross the border contrary to the laws.

5. If there is concern that the foreigner will not observe the rules in force in the guarded facility, and any of the circumstances mentioned in point 4 takes place, then the foreigner shall be detained in jail.

6. Pursuant to Article 106 of the Act, the decision on placing a foreigner in a guarded facility or in custody for purposes of expulsion is issued by the court, which determines the period of stay in the facility or in custody no longer than 90 days.  Duration of stay in custody or in facility may be extended for a specified period of time required to execute the decision on expulsion, which was not made due to the fault of the foreigner.  This period may not exceed 1 year.

7. Pursuant to Article 89 of the Act, the decision on expulsion is not issued, and an issued decision is not carried out if:

1) there are grounds to grant consent for tolerated stay;

2) a foreigner is married to a Polish citizen or a foreigner with settlement permit or a residence permit for EC long-term resident and his continued stay poses no threat to national defence or national security or public safety and order, unless the marriage was concluded in order to avoid expulsion;

3) the foreigner resides on Polish territory on the basis of the Schengen visa authorizing only to enter Polish territory on humanitarian grounds, on grounds of national interest or international obligations, or on the basis of permit for a specified period of time, if it was granted in connection with the below mentioned circumstances:

- Polish law requires the foreigner's personal appearance before the Polish public authority;

- unique personal situation requires the presence of a foreigner on the territory of the Republic of Poland;

- it is required by the interest of the Republic Of Poland;

- authority competent to conduct proceedings on combating trafficking in human beings states that the foreigner is probably a victim of human trafficking within the meaning of the Council Framework Decision of 19 July 2002 on combating trafficking in human beings.

8. The decision on expulsion:

1) defines the deadline for leaving Polish territory by the foreigner, no longer than 14 days, except in cases where the decision is subject to forced execution;

2) can specify the route to the border and the border crossing;

3) can designate a place of residence for the foreigner until the execution of the decision and commit him to report at specified intervals to the authority indicated in the decision.

9. Expulsion decision can be made immediately enforceable if it is justified, as referred to in Article 88(1) point 5 of the Act (further stay of the foreigner would pose a threat to national defence or national security or the protection of public safety and order or violate the interests of the Republic of Poland).

10. The decision on expulsion results under the law in the cancellation of a visa, cancellation of permits to cross the border under the local border traffic, the withdrawal of residence permit for a fixed period of time and work permit.

11. Pursuant to Article 128(3) of the above Act, the data on the foreigner, against whom a final decision on expulsion was issued shall be kept on the list of foreigners whose stay on Polish territory is undesirable, for 3 years from the date of execution of the expulsion decision in the case of covering the costs of expulsion in full by the foreigner and for 5 years from the date of execution of the decision on expulsion in the case of covering the costs of expulsion in whole or in part by the State Treasury.

12. If the expulsion decision is immediately enforceable, then the data on the foreigner may be included in the list of persons whose stay in the territory of Poland is undesirable on the basis of this decision, even if it is not final.

13. In the absence of information on the execution of the expulsion decision, the beginning of the period for which one's data shall be included in the list, is the last day of the deadline to leave Polish territory, and if the decision does not specify the deadline - the date of the decision.

14. Data on the foreigner are kept on the list under Article 128(1) point 1, i.e. when a final decision has been issued on expulsion they are transmitted to the Schengen Information System for the purposes of refusing entry for a period of keeping this data on the list.

15. In accordance with Article 131 of the Act of 13 June 2003 on foreigners, one may submitted to the Head of the Office for Foreigners an application for:

- information about entering one's personal data on the list of foreigners whose stay on Polish territory is undesirable or to the Schengen Information System;

- rectifying one's personal data on the list or in the Schengen Information System if they are incorrect;

- deleting one's personal data from the list or the Schengen Information System if they have been entered there by mistake;

16. The decision on expulsion shall be issued, ex officio or at the request of the Minister of National Defence, Chief of Internal Security Agency, the head of the Intelligence Agency, Commander in Chief of the Border Guard, Chief of Police, Border Guard division commander, voivodeship police commander, commanding officer of the Border Guard or the Customs Service agency , by the voivode competent with respect to the foreigner's place of residence or place of disclosure of the event giving rise to the request for expulsion.

17. A foreigner is obliged to:

a. execute the decision on expulsion in the time specified therein,  
b. in accordance with Article 96 of the Act, to cover the costs of expulsion,
c. provide any information regarding personal data and other necessary data to carry out the expulsion.

18. A foreigner has the right to appeal against the decision to the Head of the Office for Foreigners through the voivode, who issued the decision, within 14 days of its receipt.