The procedures for legalization of the stay are verified by the Border Guard and the Internal Security Agency.
You may be asked to appear for questioning at a Border Guard facility or the headquarters of the Internal Security Agency. You will receive a call for questioning in connection with the following article:
Article 380 [Implementation of the decision on the obligation of a foreigner to return issued by an authority of another EU Member State] ACT of 12 December 2013 on foreigners
The final decision on the obligation of a foreigner to return issued by an authority of another Member State of the European Union applying Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third-country nationals, hereinafter referred to as the “issuing Member State”, shall be carried out by the Border Guard authorities responsible for its implementation concerning:
1. a serious and present threat to the public policy or national security of the issuing Member State in the following cases:
a) conviction of a foreigner by this state for a crime punishable by a penalty of at least 1 year of imprisonment, or
b) a reasonable suspicion that the foreigner has committed, or intends to commit, an offence punishable by a penalty of at least one year imprisonment in the territory of the issuing Member State, or
2) violation of the provisions of the law of the issuing Member State concerning the entry of foreigners into its territory or their stay in that territory.
In the event of serious violations of the law, a decision may be issued on the obligation of the foreigner to return. You can appeal against it within 14 days.
Article 383. [Revocation of residence permit]
If the decision on the obligation of the foreigner to return issued by the authority of the issuing Member State concerns a foreigner holding a temporary residence permit, permanent residence permit or residence permit of a long-term resident of the EU, the Chief Commander of the Border Guard applies to the voivode competent for the place of residence of the foreigner with a request to determine whether there are grounds for withdrawing this permit.
On what basis is a decision on the obligation of a foreigner to return issued?
They are listed in art. 302 paragraph 1 of the Act on Foreigners. An undertaking to return may be given when:
– you are staying in the territory without a valid visa or other document entitling you to enter
– you have not left the territory of Poland after passing the permissible period of stay – statutory, e.g. 180 days based on visa-free travel or as indicated in your visa
– you do not have the financial resources necessary to cover the costs of your stay in the territory of the Republic of Poland, a return trip to the country of origin or residence, or a transit through the territory of the Republic of Poland to a third country that grants an entry permit, and you will not indicate reliable sources of obtaining such financial resources
– you crossed or tried to cross the border against the law, e.g. crossing the green border
– you are outside the permitted border area
– you change the purpose of your stay, e.g. you have a tourist visit, and you start studying
– you receive a refusal to grant refugee status or subsidiary protection, it will become valid and you will not leave the territory of the Republic of Poland within 30 days
– you take up work without the required work permit or the employer’s declaration of intent to entrust work, registered in the poviat labour office, or you are fined for illegal work (art. 302 paragraph 1 point 4,
– you undertake business activity contrary to the regulations (art. 302 paragraph 1 point 5
– you are sentenced by a final judgment in the Republic of Poland to a custodial sentence subject to enforcement and there are grounds for conducting proceedings regarding the transfer abroad to execute the sentence (art. 302 paragraph 1 point 11;
The fact that you work illegally doesn’t automatically mean expulsion from Poland. If illegal work is detected, what you say at the hearing means a lot. It is important to be able to prove that the employer deceived you and took advantage of your situation and that you fought for your rights.
In the case of international protection seekers, they may be put in a detention centre for the time of the proceedings, and the Border Guard initiates an obligation to return.ustodial sentence subject to enforcement and there are grounds for conducting proceedings regarding the transfer abroad to execute the sentence (art. 302 paragraph 1 point 11;
The fact that you work illegally doesn’t automatically mean expulsion from Poland. If illegal work is detected, what you say at the hearing means a lot. It is important to be able to prove that the employer deceived you and took advantage of your situation and that you fought for your rights.
In the case of international protection seekers, they may be put in a detention centre for the time of the proceedings, and the Border Guard initiates an obligation to return.
