Cases in which the decision on obliging the foreigner to return cannot be issued

In the cases justifying issuing t a foreigner a decision on imposing the return obligation, such decision shall not be issued to the foreigner if:

1) he/she has the refugee status or subsidiary protection, or

2) he/she has been granted residence permits for humanitarian reasons or permits for tolerated stay, or there are reasons to grant him/her, or

3) he/she has been awarded the permit referred to in Article 187(6) or (7) of the Act of 12 December 2013 on Foreigners, or

4) he/she is a spouse of a Polish citizen or a foreigner holding a residence permit or a long-term resident’s EU residence permit within the territory of the Republic of Poland and it is not in breach of national defence or national security or public safety and order, unless the purpose of marriage or of its existence is to circumvent this Act, or

5) he/she resides within the territory of the Republic of Poland on the basis of a Schengen visa issued for the purpose referred to in Article 60(1)(23) that authorises him/her to enter only the territory of the Republic of Poland and stay within this territory, the permit referred to in Article 181(1) or the permit referred to in Article 176, or

6) he/she was granted a permanent residence permit or a long-term resident’s EU residence permit within the territory of the Republic of Poland, or

7) he/she has a residence permit or another permit for stay granted by another Schengen country, and it is not in breach of national defence or national security or public safety and order, unless the foreigner did not go immediately to the territory of that Schengen state upon being informed of the obligation to leave for the territory of the country referred to in Article 314, or

8) he/she is temporarily seconded to provide services within the territory of the Republic of Poland by an employer established in a Member State of the European Union, a Member States of the European Free Trade Association (EFTA) – a party to the agreement on the European Economic Area or Swiss Confederation and he/she is entitled to stay and be employed within the territory of that State, if the decision on imposing the return obligation would have to be released due to being within the territory of the Republic of Poland without a valid visa or another document that authorises him/her to enter that territory and stay within it or due to crossing or attempted crossing of the border in violation of legal regulations, or

9) he/she can be immediately transferred to a third country on the basis of an international agreement on the transfer and acceptance of persons after prior arrest because of border crossing in violation of legal regulations, or

10) he/she can be immediately escorted to the border if he/she has arrested in the border zone immediately having unintentionally crossed the border in violation of legal regulations, or

11) he/she can be immediately transferred to another Member State of the European Union, a Member States of the European Free Trade Association (EFTA) – parties to the Agreement on the European Economic Area or the Swiss Confederation on the basis of an international agreement on the transfer and acceptance of persons, which was applicable on 13 January 2009, or

12) he/she resides within the territory of the Republic of Poland on the basis of a certificate referred to in Article 170.