Cases in which a decision on obliging the foreigner to return is issued

A decision on imposing the return obligation to his/her country of origin shall be issued to a foreigner:

  1. resides or resided within the territory of the Republic of Poland without a valid visa or another valid document authorising him/her to enter this territory and stay within it, if a visa or the other document is or were required or
  2. 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, or
  3. has not left the territory of the Republic of Poland after the lapse using 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, or
  4. performs or performed work without a required work permit or an employer’s declaration of intention (registered in a district labour office) to employ him/her to perform work, or has been fined for illegal performance of work, or
  5. operated an economic activity in breach of the regulations applicable in this regard within the territory of the Republic of Poland, or
  6. does not have the financial resources 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, or
  7. the foreigner is entered in the register of foreigners whose stay within the territory of the Republic of Poland is undesirable, or
  8. the 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 authorising only the entry and stay within the territory of the Republic of Poland, or
  9. it is justified by national security or defence, the protection of public order and safety or the interests of the Republic of Poland, or
  10. has crossed or attempted to cross the border in breach of legal regulations, or
  11. has been convicted in the Republic of Poland by a final decision for a custodial sentence subject to execution, and there are grounds to conduct proceedings on his/her transfer abroad for the purpose of enforcing the penalty against him, or
  12. resides outside the border zone in which according to the permit for crossing the border under the local border traffic, he/she may reside, unless international agreements stipulate otherwise, or
  13. stays within the territory of the Republic of Poland after lapse of the period of stay to which he/she was entitled under a permit to cross the border under the local border traffic, unless international agreements stipulate otherwise, or
  14.  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, or
  15. 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 be changed, or
  16.  a decision on refusal to grant refugee status or subsidiary protection award or a decision to discontinue the proceedings on granting him/her refugee status was issued and he/she has not left the territory of the Republic of Poland within the deadline and in the case referred to in Article 299(6)(2) of Act of 12 December 2013 on Foreigners.