What can irregular residence result in?

Reason for issuing a decision on imposing the return obligation on a foreigner

Period of banning a foreigner from reentering the territory of the Republic of Poland or other Schengen Area member states referred to in a decision on imposing the return obligation on a foreigner, and legal basis thereof

• a foreigner resides or resided within the territory of the Republic of Poland without a valid visa or another valid document authorizing him/her to enter that territory and stay within it, if a visa or the other document is or were required (Article 302 sec. 1 item 1),
• has not left the territory of the Republic of Poland after the lapse of the maximum duration of his/her stay within the territory of some or all Schengen countries to which he/she was entitled without the need for a visa for 180 days in each period, unless international agreements provide otherwise (Article 302 sec. 1 item 2),
• has not left the territory of the Republic of Poland after the lapse of the maximum duration of his/her stay indicated in the Schengen visa within each 180-day period or after the lapse of the permissible period of stay on the basis of a national visa (Article 302 sec. 1 item 3),
• does not have the financial funds necessary to cover the costs of his/her stay within the territory of the Republic of Poland, to travel back to the country of origin or residence or transit through the territory of the Republic of Poland to a third country that will grant a permission to enter and has not indicated reliable sources to obtain such funds (Article 302 sec. 1 item 6),
• has crossed or attempted to cross the border in breach of legal regulations (Article 302 sec. 1 item 10),
• resides outside the border zone in which, according to the permit for crossing the border under the local border traffic regulations, he/she may reside, unless international agreements stipulate otherwise (Article 302 sec. 1 item 12),
• stays within the territory of the Republic of Poland after the lapse of the period of stay to which he/she was entitled under a permit to cross the border under the local border traffic regulations, unless international agreements stipulate otherwise (Article 302 sec. 1 item 13),
• the purpose and conditions of stay of a foreigner within the territory of the Republic of Poland are inconsistent with the declared ones, unless the legal regulations allow him/her to change the said purpose and conditions of stay (Article 302 sec. 1 item 15),
• a decision on refusal to grant a refugee status or subsidiary protection award or a decision to discontinue the proceedings on granting him/her a refugee status was issued and he/she has not left the territory of the Republic of Poland within the deadline of 30 days as from the day on which a decision on refusal to grant him/her a refugee status or subsidiary protection award or a decision to discontinue the proceedings on granting him/her a refugee status, or a decision of depriving him/her of a refugee status or subsidiary protection becomes final and non-appealable (and, in the case of issuing a decision by a body of higher instance – as from the day on which a final and non-appealable decision is served to a foreigner) – i.e. in the case referred to in Article 299 sec. 6 item 2 (Article 302 sec. 1 item 16).

from 6 months to 3 years
(Article 319 sec. 1)

• performs or performed work without a required work permit or an employer's declaration of intention (registered in a district labor office) to employ him/her to perform work, or has been fined for irregular performance of work (art. 302 ust. 1 pkt 4),
• run business in breach of the regulations applicable in this regard within the territory of the Republic of Poland (Article 302 sec. 1 item 5),

from 1 year to 3 years

(Article 319 sec. 2)

• foreigner’s data has been entered in the register of foreigners whose stay in the territory of the Republic of Poland is undesirable (Article 302 sec. 1 item 7),
• foreigner’s data can be found in the Schengen Information System for the purposes of refusing entry if the foreigner stays within the territory of the Republic of Poland under the visa-free travel regime or under a Schengen visa, with the exception of a visa authorizing only the entry and stay within the territory of the Republic of Poland (article 302 sec. 1 item 8),
• has been convicted in the Republic of Poland, on the basis of a final and non-appealable judgment, to imprisonment subject to execution, and there are grounds to conduct proceedings on his/her transfer abroad for the purpose of enforcing the penalty against him (Article 302 sec. 1 item 11),
• further stay of the foreigner within the territory of the Republic of Poland would be a threat to public health, which was confirmed by clinical examination, or to the international relations of another European Union Member State (Article 302 sec. 1 item 14),

from 3 years to 5 years

(Article 319 sec. 3)

• it is justified by national security or defense, or by protection of public safety and order, or by the interest of the Republic of Poland (Article 302 sec. 1 item 9).

5 years

(Article 319 sec. 4)