Control of the legality of foreigners’ stay

Control of the legality of foreigners’ stay in the territory of the Republic of Poland will be exercised by the officers of the Polish Border Guard, Police, the Customs Service, or authorized employees of the Foreigners Office or a provincial office (Article 291). In the course of the control, the officers may request to be presented with:

  • a travel document and documents authorizing the foreigner to stay in the territory of the Republic of Poland (Article 293 sec. 1),
  • financial means appropriated to cover the costs of:
    1. the foreigner’s subsistence during his/her stay in the territory of the Republic of Poland (Article 293 sec. 2 letter a.),
    2. the foreigner's return to the country of origin or residence (Article 293 sec. 2 letter b.),
    3. transit of the foreigner through the territory of the Republic of Poland to a third country which will grant him/her a permit for entry (Article 293 sec. 2 letter c.),
  • a document certifying that the foreigner is able to lawfully obtain the financial means referred to above (Article 293 sec. 3),
  • documents entitling the foreigner to work, conduct business activity or be entrusted with the performance of work (Article 293 sec. 4),
  • documents certifying the purpose and conditions of the foreigner’s stay in the territory of the Republic of Poland (Article 293 sec. 5).

Following the control, where it is established that the foreigner's stay is inconsistent with the rules governing the conditions of entry of foreigners into the territory of the Republic of Poland and their stay in that territory, the officers will draw up a report from the control of the legality of the foreigner's stay in the territory of the Republic of Poland (Article 296 sec. 1 item 1) and notify the commanding officer of the Polish Border Guard unit or the commanding officer of the Polish Border Guard outpost competent to issue a decision on imposing the return obligation on the foreigner, of ascertaining, as a result of the control, that the foreigner's stay is inconsistent with the rules governing the conditions of entry of foreigners into the territory of the Republic of Poland and their stay in that territory. A copy of the report is issued to a foreigner.

 

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Project “New law - my new rights” is co-financed by European Fund for Integration
of Third Country Nationals and Polands state budget

 Copyright © by Foundation for Development Beyond Borders, 2015