Is it possible to cancel the decision to ban entry to Poland? It’s possible

You were given a ban on entering to Poland. 

Is it possible to cancel the decision to ban entry to Poland?

We listed and described situations in which the head of the Border Guard department issues a deportation decision in the previous article.

The set with the obligation of foreigner to return home. Usually includes a decree that prohibits entering into the territory of Poland and other EU countries.

Let’s say that you were deported and issued a ban. To re-entry into the Republic of Poland and other EU countries.

Is it possible to cancel the decision in this situation?

The short answer is yes.

But how?

Read on.

The cancellation of the ban on re-entry into Poland – the procedure.

According to art. 320 section 1 of the Act on foreigners, December 12, 2013, the prohibition can be canceled by the commandant of the Border Guard Service, who declared that the foreigner must be returned.

The Commandant of the Border Guard shall annul the decision to prohibit of re-entry. Provided that the foreigner fulfills the obligations arising from the decision on the obligation of the foreigner to return, that had left on time.

The repeal of the ban to re-entry must be made administratively upon a written application of the foreigner. It is necessary to create at the territory of Poland a representative who will do several things to a foreigner:

– will make a request to abolish the ban about re-entry;

– that will make on general grounds next tax payments in the amount of:

• 10 zł – fee for applications for lifting the entry ban;
• 17 zł – the fee for the power of attorney;

– will take and give the answer to the foreigner.

In accordance with the provisions of the Code of Administrative Procedure, the commandant of the Border Guard Service must take a decision no later than a month. However, but not later than two months from the day of initiation of the case (art. 35 of the Code of Administrative Procedure).

The ban on entering Poland. When you can’t cancel the ban of entering to Poland?

Before we can apply to the Border Guard Service with a request to cancel the ban on entry. Special attention should be paid to situations in which the ban on entry is final. These are situations where:

– the entry or stay of a foreigner in Poland may pose a threat to the defense capability of the state or its security and protection, as well as the preservation of public order. Plus, do not violate the interests of Poland;

– a foreigner has not paid his debts connected with the issuance and execution of a decision on the foreigner’s obligation to return, which he had been obliged to pay;

– the half of the period in which it was considered has not yet passed.

In what you should pay an extra attention?

The Act on foreigners does not provide for another possibility of repealing or repealing the canceling of re-entry. It doesn’t mean that the fact of issuing of new visa to you will cancel. The banning to entry Poland, even if the Consul will give you this visa!

If you are not denied to entry, then you cannot enter the territory of Poland. If there is even such a situation then border guard made a mistake and you were send back to Poland. You will not be there for a long time.

Eventually, don’t break the rules and nobody will lower the barrier in front of your face.

The author of the article “Is it possible to cancel the decision to ban entry to Poland? It’s possible”: Michal Soletski

Translator: Vladimir Slipets

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