Effects of issuing the decision

The issuing of the final decision on obliging the foreigner to return causes, by the law:

  • the invalidation of the foreigner’s national visa and
  • expiry of the temporary residence permit and permit for work.
  • the invalidation of the permit for crossing the border under the small cross-border traffic, if the decision was issued as a result of the non-observance of the principles of the local border traffic regime.

The decision on obliging the foreigner to return substantially specifies the date of a voluntary return, which is from 15 to 30 days, beginning from the date when the decision was delivered. Additionally, the decision on obliging the foreigner to return adjudges the ban on re-entry on the territory of the Republic of Poland or on the territory of the Republic of Poland and other states of the Schengen area, and defines the period of this ban, which is from 6 months to 5 years in particular cases.

The above indicated term of the voluntary return can be extended to the maximum of 1 year, if the foreigner is obliged to appear personally in front of a Polish public authority or their presence on the territory of the Republic of Poland is required by the interest of the Republic of Poland or the foreigner’s exceptional personal situation, arising in particular from the length of stay of the foreigner on the territory of the Republic of Poland, the foreigner’s family and social bonds or from the foreigner’s minor child’s need to continue education. The deadline of the voluntary return specified in the decision may also be extended following its issuance, once, at the request of the foreigner.

In the decision, with the prolonged date of the voluntary return, the foreigner can be obliged to:

1) presenting oneself to the authority indicated in the decision in specified time intervals – until the date when the voluntary return takes place;

2) payment of the cash security in the amount stated in the decision not lower than the double minimum remuneration envisaged in the regulations on the minimal pay for work;

3) transferring the travel document to the deposit of the body indicated in the decision;

4) residence in the place designated in the decision – until the date when the voluntary return takes place.

At the foreigner’s request, the authority that issued the decision on obliging the foreigner to the return, by way of decision, may withdraw the entry ban on the territory of the Republic of Poland or on the territory of the Republic of Poland and other states of the Schengen area, if the foreigner proves that:

1) they performed the obligations arising from the decision on obliging the foreigner to return or

2) their subsequent entry to the territory of the Republic of Poland or other countries of the Schengen area is to take place because of reasonable circumstances, especially for humanitarian reasons, or

3) they were granted assistance in voluntary return.