Obligation of a Foreigner to Return
Illegal stay? Illegal work? Overstaying the legal period of stay? Illegal business activity? Conviction by a final judgment?
We can help!
Legal stay in Poland is the most important thing every foreigner should take care of.
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Expat Lawyers & Advisors provides comprehensive services for the legalization of foreigners’ stay in Poland. Temporary stay, permanent stay, long-term EU resident status, and Polish citizenship!
Obligation to Return – What Does It Mean?
The Border Guard can issue a decision obligating a foreigner to return (deportation) when it determines that your stay in Poland is illegal or you are working without the required permit. In such a decision:
- A deadline for its execution is specified (usually between 15 to 30 days).
- A re-entry ban to Poland and the Schengen area is imposed (ranging from 6 months to up to 5 years).
Most Common Reasons for Deportation
- Illegal stay: lack of a valid visa or residence permit.
- Overstaying: failure to leave Poland after the expiration of your documents.
- Illegal work: performing work without the appropriate permit.
- Illegal business activity: conducting business in violation of regulations.
- Conviction by a final judgment: imprisonment sentence in Poland.
- Threat to public safety: being considered a threat to public order.
How Does the Deportation Procedure Work?
- Administrative proceedings: The Border Guard conducts an interview and assesses your situation.
- Decision to return: if there are no grounds for you to stay in Poland, a decision is issued.
- Appeal: you have the right to appeal to the Head of the Office for Foreigners.
- Possible placement in a detention center or prison: if there is a risk that you will not leave the country voluntarily.
We Help Detained or Arrested Foreigners
If you have been detained or placed in a detention center, it doesn’t mean the end of your options. Our team:
- Will check the legality of the Border Guard’s actions.
- Will ensure your rights, including the right to an interpreter and the right to be heard.
- Will request your release from the detention center or prison.
- Will appeal the decision and file for suspension of its execution.
If You Know You Are Staying Illegally – Contact Us Immediately!
Don’t wait! The sooner you act, the better the chance for a positive outcome. There is no situation without a solution, and we always find options that work best for our clients.
