Register of foreigners, whose residence on the territory of Poland is undesirable

According to Article 435.1, the foreigner’s data are entered and kept in the register, if at least one of the following premises takes place:

1) The foreigner received a decision on obliging the foreigner to the return with formally confirmed ban on entry to the territory of the Republic of Poland or ban on entry on the territory of the Republic of Poland and other states of the Schengen area;

2) The foreigner was sentenced with a legally binding sentence in:

a) the Republic of Poland – for a wilful offence or a treasury crime with a fine or custodial sentence or

b) another country of the Schengen area – for the offence constituting a crime as defined by the Polish law,

or

c) the Republic of Poland or another country of the Schengen area – for the offence with the custodial sentence of more than one year;

3) entry or stay of the foreigner on the territory of the Republic of Poland is undesirable because of obligations arising from the provisions of ratified international agreements binding the Republic of Poland;

4) it is required by the reasons of state defence or security or the protection of public safety and order or the interest of the Republic of Poland;

5) after prior stopping of the foreigner in connection with their crossing the border contrary to legal provisions, they were transferred to a third country under an international agreement on the transfer and reception of people.

The foreigner’s data shall be put in the register for the period:

1) specified in the decision on obliging the foreigner to return, if it was adjudged therein on the ban on re-entry on the territory of the Republic of Poland or the ban on re-entry on the territory of the Republic of Poland and other countries of the Schengen area;

2) of 3 years from the date of transferring of the foreigner to the third country under an international agreement on the transfer and reception of people, after prior stopping of the foreigner in connection with their crossing the border contrary to legal provisions;

3) of 5 years from the ending date of serving the custodial sentence determined on the basis of a sentence being the basis for placing the data in the register or, if the foreigner was sentenced with a penalty of at least 3 years of custodial sentence;

4) of 3 years from the ending date of serving the custodial sentence determined on the basis of a sentence being the basis for placing the data in the register or, if the foreigner was sentenced for the custodial sentence below 3 years;

5) of 3 years from the date of validation of the sentence being the basis for placing the data in the register or, if the foreigner was punished with a fine;

6) of conditional suspension of the custodial sentence, from the date of validation of the sentence referred to in Article 435, passage 1, item 2, if the foreigner was adjudged the custodial sentence with conditional suspension of its execution;

7) resulting from international agreements binding the Republic of Poland, being the basis for placing the foreigner’s data in the register;

8) not longer than 5 years, with the possibility of extension for subsequent periods, none of which exceeds 5 years, in the case of entries included in the index owing to the fact that the entry or stay of the foreigner may constitute a threat of state defence or security or the protection of public safety and order or interfere with the interest of the Republic of Poland.

SECRETARIAT OF THE DEPARTMENT OF THE REGISTER OF FOREIGNERS

phone (22) 60-175-36

fax (22) 60-156-58

the tasks of the Department of the Register of Foreigners are:

– keeping the register of foreigners, whose stay on the territory of the Republic of Poland is undesirable

– transferring data to the Schengen Information System (SIS)

– examination of applications concerning the figuring, correcting data or deleting data from the register

– running and operation of domestic contact point of the local border traffic regime

– cooperation with national institutions and the countries of the Schengen area

APPLICATION CONCERNING INFORMATION FROM THE REGISTER

IMPORTANT: while submitting the application for making data available, the removal or correction of data included in the register of foreigners, whose stay on the territory of the Republic of Poland is undesirable, the applicant staying outside the borders of the Republic of Poland should assign an attorney for service in Poland or appoint an authorized representative staying in Poland for conducting the whole case.

In the case of appointing several attorneys, correspondence will be delivered only to one of them. Such a person may be appointed by the party.

According to Article 444.1 of the Act on foreigners, a foreigner or an appointed representative may apply to the Head of the Office for Foreigners for:

  • informing them about placing their data in the register or the Schengen Information System for the purpose of the refusal of entry, about the time of validity of the registration as well as legal and actual basis of the registration;
  • correcting data, if they are incomplete, irrelevant or untrue;
  • removal of data, if placing them on the list or keeping them violates the regulations of the Act.

APPLICATION

In order to obtain the above mentioned information, one should submit to the Head of the Office for Foreigners a form(*) containing:

– accurate personal data: first and last name, previously held surnames,

– series and number of the foreigner’s travel document

– date of birth,

– the foreigner’s address of residence

– the foreigner’s mailing address on the territory of the Republic of Poland or the address of their attorney;

– precise identification of the content of their request;

– justification of the request in the case of submitting the application for correcting or removal of data

– handwritten signature.

THE SPOUSE OF THE CITIZEN OF THE REPUBLIC OF POLAND APPLYING FOR REMOVING DATA FROM THE REGISTER OF FOREIGNERS UNDESIRABLE ON THE TERRITORY OF THE REPUBLIC OF POLAND.

A foreigner being a spouse of a Polish citizen should attach to the application:

– in the case of getting married abroad: marriage certificate localised in the Polish civil registrar,

– in the case of getting married in the Republic of Poland: original marriage certificate or an officially confirmed copy of it.

Marriage certificate may be returned to the party after prior marking the request in the application.

STAMP DUTY

Issuing of the certificate at the request of the party is subject to the stamp duty. The obligation of the stamp duty for issuing the certificate is created upon the submission of the application for issuing the certificate. The applicant is obliged to pay a fee in the amount of 17 PLN to the following bank account:

Urząd Miasta Stołecznego Warszawy Dzielnica Śródmieście

ulica Nowogrodzka 43, 00-950 Warszawa

CitiBank Warszawa

60 1030 1508 0000 0005 5001 0038

for payments from abroad:

SWIFT CODE: „CITIPLPX”

IBAN: „IBAN PL60 1030 1508 0000 0005 5001 0038″

and attach the proof of payment.

The completed forms for the payment for issuing the certificate, granting the power of attorney and jointly for issuing the certificate and granting the power of attorney are presented below.

Only the column “name of the client” requires filling in by hand.

If the signature of the case proceeding in the Department of the Register of Foreigners is known, it should be added in the column “transfer title”

the fee for the certificate, fee for granting the power of attorney, fee for the certificate and granting the power of attorney.

POWER OF ATTORNEY

In the event when the application is submitted by the attorney, the document granting the power of attorney along with the proof of submitting additional fee for granting the power of attorney (17zł) should be paid to the above mentioned account.

The applicant staying outside the borders of the Republic of Poland is obliged to appoint an attorney for service or an authorized representative staying in Poland for conducting the whole case. In the case of not indicating the attorney, the applicant will be called for the supplementation of omissions, establishment of an authorized representative and delivery of the confirmation of granting the power of attorney within 7 days from the date of the call’s delivery, which will contribute to the extension of the time of the proceedings.

The representative may be a natural person having the capacity to be a party in legal acts, namely, each person of age who has not been incapacitated by the court.

The representative may be both a person having professional qualifications (e.g. attorney, legal advisor) and a person not having such qualifications, namely e.g. family members, friends etc.

In the case of appointing several attorneys, correspondence will be delivered only to one of them. Such a person may be appointed by the party.

The power of attorney for services and the power of attorney to conduct the case are subject to the stamp duty in the amount of 17 PLN. The following people shall be relieved from payment of the stamp duty for granting the power of attorney: the spouse, ancestors, descendants and siblings of the person granting the power of attorney.

Printable templates of letters of authority in the formats: doc-with a possibility of computer filling in, excluding the signature, which must be handwritten and PDF, can be found at the bottom of the page.

All documents, prepared in Polish or translated by a sworn translator, should be submitted as the original document or, in the case of submitting a copy, the consistency with the original document should be officially confirmed.

Documents, which should be attached to the application:

  1. proof of paying the stamp duty
  2. the power of attorney (if it was granted) and the proof of paying the fee for granting the power of attorney
  3. marriage certificate (in the case of spouses of the citizens of the Republic of Poland)
  4. other documents confirming the circumstances indicated in the application.

Printable sample application form and forms of granting the power of attorney can be downloaded in the formats: doc-with a possibility of computer filling in, excluding the signature, which must be handwritten, and PDF. The forms are also available in the information point at the registry office in the building of the Office at 33, Taborowa Str.

* IMPORTANT: On the effective date of the new Act on foreigners, the applications should be submitted on the form specified by way of an ordinance of the competent minister of internal affairs.

A set of documents should be sent to the following address:

Urząd do Spraw Cudzoziemców

Departament Legalizacji Pobytu

Wydział Wykazu Cudzoziemców

ul. Taborowa 33

02-699 Warszawa

or should be submitted at the registry office in the building of the Office at ul. Taborowa 33 from 8: 15 am to 4: 00 pm.