ILLEGAL STAY IN POLAND – CHECK WHAT

CONSEQUENCES MAY IT CAUSE

When is the stay in Poland illegal?

An illegal stay in Poland is a stay that does not comply with the applicable regulations regarding the conditions of entry of foreigners and their stay on the territory of the Republic of Poland. Therefore, it results from the fact that both the reasons for illegal stay and their consequences will be sought in the Act of 12 December 2013 on foreigners.

Consequences of illegal stay

One of the possible and in fact the most important consequence of illegal stay in Poland may be the issuance of a decision on the obligation of a foreigner to return under that law, which may result in a ban on re-entry to the territory of the Republic of Poland and other countries of the Schengen area. So colloquially “inserting the so-called passport into the passport “Teddy bear”. The quoted “bear” makes it impossible for a foreigner to legally cross the Polish border and borders of other Schengen states within a specified period.

Periods of prohibiting entry into the territory of the Republic of Poland

This period may vary depending on the seriousness of the provision breached. This is respectively from 6 months to 3 years (Article 319 (1), where:

•     the foreigner is staying or has been staying on the territory of the Republic of Poland without a valid visa or other valid document, entitling him to enter and stay there if a visa or other valid document is or has been required (Article 302 (1) point 1)
•     he did not leave the territory of the Republic of Poland after using the permissible period of his stay in the territory of all or some Schengen countries to which he was entitled without a visa, in each period of 180 days, unless international agreements provide otherwise (Article 302 (1) point 2) .
•     he 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 the national visa (Article 302 (1) point 3),
•     does not have the financial means necessary to cover the costs of stay in the territory of the Republic of Poland, returns travel to the country of origin or residence, or transit through the territory of Poland to a third country which granted permission to enter, and did not indicate reliable sources of obtaining such funds (Article 302 paragraph 1 point 6),
•     crossed or attempted to cross the border contrary to the law (Article 302, paragraph 1, point 10),
•     stays outside the border zone where – in accordance with the permission to cross the border within the local border traffic – he may stay, unless international agreements provide otherwise (Article 302, paragraph 1, point 12),
•     stays in the territory of the Republic of Poland after the expiry of the period of stay to which he was entitled on the basis of a local border traffic permit, unless international agreements provide otherwise (Article 302 (1) point 13),
•     the purpose and conditions of the foreigner’s stay on the territory of the Republic of Poland are inconsistent with declared ones, unless the law allows their change (Article 302 (1) point 15),
•     a decision was issued refusing to grant refugee status or subsidiary protection or decision to discontinue the proceedings on granting refugee status and did not leave Poland within 30 days from the date when the decision to refuse refugee status or subsidiary protection or decision on discontinuation of proceedings in the matter of granting him refugee status or the decision to deprive him of refugee status or subsidiary protection became final (in the case of a decision by a higher authority – from the day the final decision was delivered to the foreigner) – in the case of referred to in art. 299 par. 6 point 2 (Article 302, paragraph 1, point 16).

As you can see, these are minor infringements resulting mainly from ignorance of the applicable legal system or inattention. Remember that if you have just realized that you are staying illegally in Poland, report first to the lawyer. Going to the border guards you to deprive yourself of a chance to defend yourself. State officials will not act to the maximum extent while taking into account your situation and looking for arguments for your defense, but to the maximum extent to simplify your actions. I am committed to a situation where you can be expelled from Poland despite the existence of a legalization trail of your stay. Remember, a good lawyer is able to find the right legal basis for legalizing your stay, even if you are staying illegally in Poland!

The second situation is the designation of a period of entry ban for a period from one to three years (Article 319 (2)). This happens in the situation of more serious infringements. These include e.g.

• performs or has been performing work without a required work permission or an employment statement registered at the poviat labor office, on the intention to entrust it with work or was fined for illegal work (Article 302 (1) (4)),
•     undertook an economic activity contrary to the regulations in force in this area in the territory of the Republic of Poland (Article 302, paragraph 1, point 5).

The third group (Article 319 (3)) of the reasons that give rise to the decision to ban an entry into the territory of the Republic of Poland and other Schengen States are serious violations of the law, such as:

•     the entry of the foreigner’s data into the list of foreigners whose stay on the territory of the Republic of Poland is undesirable is obligatory (Article 302, paragraph 1, point 7),
•     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 within the visa-free regime or on the basis of a Schengen visa, with the exception of a visa authorizing only entry into Poland and stay in that territory (Article 302 para. 1 point 8),
•     he was sentenced by a final judgment in Poland to imprisonment subject to execution and there are grounds for conducting proceedings to transfer him abroad for the purpose of enforcing the sentence imposed on him (Article 302, paragraph 1, point 11),
•     a foreigner’s further stay on the territory of the Republic of Poland will pose a threat to public health, which has been confirmed by a medical examination, or for international relations of other EU Member State (Article 302 (1) point 14),

The last situation that justifies the ban for a period of 5 years (Article 319 (4)) is based on the premise in which it is required by national defense or security or the protection of public safety and order or the interest of the Republic of Poland (Article 302 paragraph 1 point 9).

Determining the legality of a foreigner’s stay in the territory of the Republic of Poland is very important for both the foreigner himself and the entrepreneur who employs him. That is why, as part of our business, we offer an Audit of the Legality of the Stay of Aliens. This allows you to avoid the risk of incurring legal consequences resulting from the employment of a foreigner staying illegally in Poland.