ul. Dywizjonu AK "Jeleń" 7B/U4, WarszawaAppeal deadline
7 days
from service of the decision (art. 321)
Voluntary departure
8 to 30 days
can be extended, up to 1 year (arts. 315–316)
Entry ban
6 months to 10 years
Poland and the Schengen area (art. 319)
Lifting the ban
Possible on application
usually after half the period (art. 320)
What a return decision means
The decision obliging a foreigner to return is what is commonly called deportation. It is issued by the commander of a Border Guard unit or post, on its own initiative or at the request of the voivode, the police or another authority (art. 310 of the Act on Foreigners). The most common reasons are:
Typical grounds (art. 302)
- Overstaying a visa, a visa-free period or a residence permit
- Working without a required work permit or declaration
- An entry in the list of undesirable foreigners or in the SIS
- A purpose of stay different from the one declared
- Public order or security reasons, or a criminal conviction
What the decision contains
- A period for voluntary departure – or none, if the authority sees a risk of absconding
- An entry ban and its length
- The country of return, where needed
- Sometimes duties until departure: reporting, a deposit, a fixed address
No voluntary departure period means immediate enforcement. If the decision sets no period for voluntary departure, it can be carried out straight away (art. 315(5)). Contact a lawyer the same day.
Before the decision: what can stop it
Return proceedings are not started, or must be discontinued, in a number of situations listed in art. 303 – for example where you are the spouse of a Polish citizen, hold a permanent or EU long-term residence permit, or a residence permit of another EU state. Where returning would breach your right to family or private life, or expose you to danger, the authority must consider a permit for humanitarian reasons or tolerated stay instead.
This is the stage at which a case is easiest to win. Tell the Border Guard about your family, your work, your pending applications and your ties to Poland – and give them documents, not only statements.
Appeal and court
Appeal – 7 days
An appeal goes to the Commander-in-Chief of the Border Guard, filed through the unit that issued the decision, within 7 days of service (art. 321). Not 14 days, as in most administrative cases.
Complaint to the administrative court – 30 days
Against the appeal decision, a complaint lies to the voivodeship administrative court in Warsaw within 30 days of service. The complaint can include a request to suspend enforcement of the decision.
Further steps
A cassation appeal to the Supreme Administrative Court, and in parallel – where the facts allow it – an application for humanitarian stay, tolerated stay or international protection.
Count from the date of service. The 7 days run from the day the decision was handed to you or delivered, not from the date printed on it. A late appeal is very hard to rescue.
The entry ban
A return decision normally imposes a ban on entering Poland and the other Schengen states (art. 318). Your data is then entered in the national list of undesirable foreigners and in the Schengen Information System. The length depends on the reason for the decision:
| Ground of the return decision | Length of the ban (art. 319) |
|---|---|
| Overstay, no valid visa, lack of funds, SIS entry, illegal border crossing, a different purpose of stay | 6 months to 3 years |
| Illegal work or illegal business activity | 1 to 3 years |
| Criminal conviction with transfer to serve the sentence, public health risk | 3 to 5 years |
| State security, defence or public order | 5 to 10 years |
If you do not pay the costs of issuing and enforcing the decision, the ban is extended automatically until they are paid, by up to 5 years (art. 319(2)). Where the authority set a period for voluntary departure and expects you to comply with the law, it may decide not to impose a ban at all (art. 318(1a)) – worth arguing for in the proceedings.
Lifting an entry ban
The Border Guard authority that issued the decision may withdraw the ban on your application (art. 320). You need to show that you complied with the decision – you left on time – or that you have justified reasons to come back, in particular humanitarian ones.
The ban is not lifted if
- less than half of the ban period has passed
- the costs of the decision have not been paid
- your entry could threaten security or public order
- the ban was imposed again within 2 years of a previous withdrawal
Good to know
- The half-period and 2-year limits do not apply to entry for humanitarian reasons
- You can apply from abroad, through an attorney in Poland
- After withdrawal, your data is removed from the list of undesirable foreigners and the SIS
- Only then is it worth applying for a new visa
How we help
Urgent cases
- Representation in return proceedings from the first summons
- Appeals within the 7-day deadline
- Applications for humanitarian and tolerated stay
- Complaints to the court with a request to suspend enforcement
After the decision
- Extension of the voluntary departure period
- Applications to lift an entry ban, filed while you are abroad
- Checking your data in the SIS and the list of undesirable foreigners
- Planning a lawful return: visa or residence permit
Frequently asked questions
I have just received a return decision. What do I do first?+
Check the date of service and whether the decision sets a period for voluntary departure. The appeal deadline is 7 days. Send us the decision the same day – a scan or a clear photo is enough to start.
Does an appeal stop the deportation?+
If the decision gives you a period for voluntary departure, it is enforced only once it becomes final, so a timely appeal keeps it from being carried out. A decision without a voluntary departure period is immediately enforceable – then speed matters even more.
Can I stay in Poland because of my family?+
Possibly. Marriage to a Polish citizen is in many cases a bar to the decision, and where deportation would breach your right to family life the authority must consider a permit for humanitarian reasons. Your ties have to be shown with documents.
I left Poland. Can the entry ban still be lifted?+
Yes. The application can be filed from abroad through an attorney. In most cases at least half of the ban period must have passed and the costs of the decision must be paid; humanitarian reasons are the exception.
Does the ban apply only to Poland?+
Usually not. The ban covers Poland and the other Schengen states, and your data goes into the Schengen Information System. In a few cases set out in art. 318(3) the ban covers Poland only.
Your attorney
Kamil Piotrowski – Attorney-at-law
Kamil handles return and entry-ban cases at KRASUSKI Legal: proceedings before the Border Guard, appeals, court complaints and applications to lift a ban. Write to him with your decision attached and the date you received it.
k.piotrowski@krasuski.legal Warsaw: +48 502 115 589 Wrocław: +48 71 719 59 08
Legal status as of October 2026 (Act of 12 December 2013 on foreigners, consolidated text Dz.U. 2025 item 1079). This page is general information and does not constitute legal advice for an individual case.
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