Deporting a foreigner is nothing more than obliging him to return, i.e. leave Poland. More and more foreigners are coming to Poland. In most cases they come looking for work. For various reasons, however, it is not uncommon for them to be in a situation that threatens deportation.
The purpose of a foreigner in Poland is to obtain a residence card, but often offices issue refusals, foreigners do not provide the necessary documents or do not meet the deadlines. In such situations, they may fall into illegal stay. The illegal stay of a foreigner is a condition for the deportation of a foreigner, i.e. for obliging him to leave Poland.
Illegal employment of foreigners and their work is also a reason for their deportation.
Most often, the decision to oblige a foreigner to return (deportations) is issued when:
1. the foreigner did not leave the territory of Poland before the expiry of the period of stay to which he was entitled on the basis of a Schengen visa, national visa and before the expiry of the visa;
2. a foreigner staying in Poland as part of visa-free travel has not left the territory of Poland before the expiry of 90 days of stay on the territory of all or some of the Schengen States in each period of 180 days;
3. the foreigner performs or performed illegal work on the day of initiating the check on the legality of performing work. The control was carried out by an authorized body. The work was carried out without an appropriate work permit or a declaration of entrusting the performance of work to a foreigner entered in the register of declarations;
4. a foreigner performed work while staying in Poland illegally;
5. a foreigner has been sentenced by a final judgment in Poland to a custodial sentence subject to enforcement and there are grounds to conduct proceedings regarding his transfer abroad in order to execute the sentence imposed on him.
Deportation (Decision on obliging a foreigner to return) is issued by the local competent commandant of the Border Guard department or the commandant of the Border Guard facility.
The decision obliging the foreigner to return specifies the period of voluntary return, which is from 15 to 30 days, calculated from the date of delivery of the deportation decision.
In the decision to oblige the foreigner to return (deportation), he is prohibited to re-enter Poland. Or on the territory of Poland and other countries of the Schengen area, and the period of this prohibition is defined, which can be from 6 months to up to 5 years.
During deportation, entry to Poland is forbidden for a period of 6 months to 3 years – in cases where the foreigner:
• stays or has stayed in the territory of the Republic of Poland without a valid visa or other valid document entitling him to enter and stay on that territory. If a visa or other document is or was required;
• did not leave the territory of the Republic of Poland after using the permissible period of his stay on the territory of all or some of the Schengen countries. To which he was entitled without a visa, in each 180-day period, unless international agreements provide otherwise;
• 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 a national visa;
A ban on entering Poland for a period of 1 to 3 years is issued for deportation if the foreigner:
• performs or on the day of initiating the audit of legality of work performed by an authorized body performed illegal work. This is without a relevant work permit or declaration of entrusting work to a foreigner entered in the register of statements;
• undertook business activity contrary to the provisions in force in this respect on the territory of the Republic of Poland.
A ban on entry to Poland for a period of 3 to 5 years is imposed on deportation if:
• the entry of foreigner’s data into the list of foreigners whose stay in the territory of the Republic of Poland is undesirable;
• the foreigner’s data is in the Schengen Information System for the purposes of refusing entry. If the foreigner stays on the territory of the Republic of Poland as part of a visa-free regime or on the basis of a Schengen visa. Does not apply to a visa authorizing only to enter and stay in the territory of the Republic of Poland;
• he was sentenced by a final judgment of the Republic of Poland to enforceable prison sentence. In addition, there are grounds to conduct proceedings regarding transferring him abroad to enforce the sentence imposed on him;
• further stay of the foreigner on the territory of the Republic of Poland will constitute a threat to public health. This was confirmed by medical examination, or for international relations of another Member State of the European Union.
Deportation from Poland 5 years, if the foreigner:
• it is required by reasons of national defense or security or the protection of public safety and order or the interests of the Republic of Poland.
If a foreigner has been issued with a decision on the obligation to return together with a ban on re-entry into the territory of the Republic of Poland. Or a ban on re-entry into the territory of the Republic of Poland and other countries of the Schengen area. It is possible to withdraw the entry ban to Poland.