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REGISTER OF FOREIGNERS - BACKGROUND INFORMATION

In accordance with the Article 128 (1) of the Act of 13 June 2003 on Foreigners, the details of a foreigner are entered into the register of foreigners whose stay in the territory of the Republic of Poland is undesirable when:

• 1. a final decision obliging them to leave the territory of the Republic of Poland has been issued;
• 2. the foreigner does not comply with fiscal obligations towards the State Treasury;
• 3. the foreigner's entry or stay are undesirable due to obligations arising from the provisions of ratified international agreements applicable to the Republic of Poland;

APC AMENDMENT 

On 11 April this year, new provisions of the Administrative Procedure Code entered into force. When requesting information or deletion or correction of data in the register of foreigners whose stay in the territory of the Republic of Poland is undesirable, the applicant staying outside the Republic of Poland will need to appoint a Poland-based proxy for service of correspondence or a proxy in charge of the whole case.

Where several proxies have been appointed, the correspondence will be served only to one of them. Such an individual may be appointed by a party.

BASIS OF ENTRY

Data are entered into the register of foreigners whose stay in the territory of the Republic of Poland is undesirable and registered in the Schengen Information System when:

1. a final expulsion decision has been made

• 4. a decision on the cancellation of a settlement permit has been made, if:
• a) this is required by reasons of defence, state security or public order and safety or interests of the Republic of Poland;
• b) an application for such permit or the documents appended to it contained untrue personal details or false information;
• c) during the procedure of granting a settlement permit, the foreigner gave false evidence or dissimulated the truth or either counterfeited or converted a document to use it as authentic or used a document as authentic;
• d) they were convicted by a final judgment in the Republic of Poland for a wilful offence to an at least three-year long prison sentence
• 5. a decision on the cancellation of a residence permit for a long-term EC resident, if they represent a real and serious threat to the defence and state security or public order and safety;
• 6. a refusal to grant refugee status including an expulsion judgment (Article 48 (2) of the Act of 13 June 2003 on granting protection to foreigners in the territory of the Republic of Poland)
• 7. a decision to cancel the residence permit for a fixed period with a deadline for leaving the territory of the Republic of Poland
• 8. a refusal to grant a residence permit for a fixed period with a deadline for leaving the territory of the Republic of Poland

or if:

• 1. the foreigner has been convicted by a final judgement:
• 2. the foreigner fails to meet their fiscal obligations towards the State Treasury;
• 3. the foreigner's entry or stay are undesirable due to a threat to the defence, state security or public order and safety or interests of the Republic of Poland

PERIODS OF BEING LISTED IN THE REGISTER

 The foreigner's details are entered into the register and the Schengen Information System (except for situations when a decision on an obligation to leave was issued concerning a foreigner) for the period of:

1 YEAR:

• from the day of exit from the territory of the Republic of Poland within the time-limit defined in:

            - a decision on an obligation to leave the territory of the Republic of Poland,

            - a decision refusing to grant a residence permit for a fixed period of time

            - a decision to cancel a residence permit for a fixed period of time

• from the day on which all tax obligations towards the State Treasury were met or the date on which these obligations expired.

UP TO 3 YEARS when the foreigner's entry or stay are undesirable due to a threat to the defence, state security or public order and safety or interests of the Republic of Poland. This period may be extended with subsequent periods which may not exceed three years.

3 YEARS from the day of:

• the exit from the territory of the Republic of Poland within the time-limit defined in the decision on the refusal to grant a residence permit for a fixed period or a decision cancelling this permit, including an order to leave within a specific time-limit, if the reason for the order to leave was a threat to the defence, state security or public order and safety;

• the enforcement of an expulsion decision, a decision on the cancellation of a settlement permit, a decision to cancel a residence permit for a long-term EC resident or a refusal to grant refugee status - if the costs of expulsion are covered in full;
• termination of a prison sentence served based on conviction if the foreigner was convicted to a prison sentence of less than three years;
• validation of a conviction, if the foreigner was fined, if the fine is the only penalty imposed on the foreigner and is paid, the foreigner's details are deleted from the register;

5 YEARS from the day of:

• the enforcement of an expulsion decision, a decision on the cancellation of a settlement permit, a decision to cancel a residence permit for a long-term EC resident or a refusal to grant refugee status - if the costs of expulsion are covered in full or in part by the State Treasury;

• termination of a prison sentence served based on a conviction, if the foreigner was convicted to a prison sentence of more than three years;

The data are also entered for the period:

of a CONDITIONAL SUSPENSION OF A PRISON SENTENCE from the day when the conviction became valid, if the foreigner was convicted to a conditionally suspended prison sentence.

UNDER INTERNATIONAL AGREEMENTS applicable to the Republic of Poland.

SECRETARIAT OF THE DIVISION OF THE REGISTER OF FOREIGNERS

tel. (22) 60-175-36

fax (22) 60-156-58

The tasks of the Division of the Register of Foreigners include:

-  maintaining a register of foreigners whose stay is undesirable in the territory of the Republic of Poland

- submission of data to the Schengen Information System (SIS)

- processing requests for information on being entered in the register, correction of data or for

  deletion of data from the register

- running of a national point of contact for local border traffic and provision of services as part of it

- cooperation with national institutions and Schengen area countries