Entry in the register of foreigners whose stay in the territory of Poland is undesirable

The data of a foreigner shall be entered into and stored in the register of foreigners whose stay in the territory of Poland is undesirable if at least one of the following premises has been fulfilled:

  • a decision on imposing the return obligation on a foreigner has been issued, and a prohibition on re-entry into the territory of the Republic of Poland or a prohibition on entry into the territory of the Republic of Poland and other countries of the Schengen Area has been issued (Article 435 sec. 1 item 1);
  • a foreigner has been convicted on the basis of a final and non-appealable judgment in:
  1. the Republic of Poland – for an intentional offense or a tax offense to pay a fine or serve a prison sentence (Article 435 sec. 1 item 2 letter a.);
  2. a country other than a Schengen Area country – for an offense constituting a crime under Polish law (Article 435 sec. 1 item 2 letter b.);
  • the Republic of Poland or another Schengen Area state – for an offense to serve a prison sentence for more than one year (Article 435 sec. 1 item 2 letter c.);
  • the foreigner’s entry into or stay within the territory of the Republic of Poland is undesirable due to obligations arising from the provisions of ratified international agreements applicable to the Republic of Poland (Article 435 sec. 1 item 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 435 sec. 1 item 4);
  • a foreigner has been transferred to a third country on the basis of an international agreement on the transfer and acceptance of persons after detention because of border crossing in violation of legal regulations (Article 435 sec. 1 item 5).

A foreigner (or his/her attorney) may submit a request with the Head of Foreigners Office to:

  • to make available the information about the entry of his/her data into the register or the Schengen Information System for the purposes of refusing entry, about the validity period of the entry and the legal and factual basis of the entry (Article 444 sec. 1 item 1),
  • to correct the data if they are incomplete, out-of-date or untrue (Article 444 sec. 1 item 2),
  • to delete the data if they have been placed or stored in violation of the provisions of the Act (Article 44 section 1 item 3).

Additional information

register of foreigners whose stay in the territory of Poland is undesirable
Departament Legalizacji Pobytu
ul. Taborowa 16
02-699 Warszawa
Tel. +48 22 60 175 36,
Fax +48 22 60 156 58

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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