Schengen Information System (SIS) for the purpose of refusing entry

Requirements

A foreigner may apply to the Head of the Office for Foreigners with a request for:

• providing them with information about the inclusion of their data in the list of foreigners whose stay on the territory of the Republic of Poland is undesirable; about the term of validity of the entry and the legal and factual basis of the entry;

• rectification of data if they are incomplete, outdated, or untrue;

• deletion of data if they have been placed or are stored in violation of the Regulations of the Act.

An application submitted pursuant to Article 444(1) of the Act on Foreigners may be submitted at any time, especially if the foreigner has doubts as to their status on the territory of Poland (whether their entry or stay on the territory of the Republic of Poland is undesirable, they would like to correct their data, whether they have information, documents proving that their data should be verified and deleted, etc.).

The applicant may be:

• a foreigner, applying in their own name;

• a legal representative, applying on behalf of a minor foreigner;

• plenipotentiary.

Remember!

• When submitting an application for access to information, rectification or deletion of data included in the list of foreigners whose stay on the territory of the Republic of Poland is undesirable, the applicant staying outside the Republic of Poland should appoint a representative for service in Poland or appoint a representative to conduct the entire case staying in Poland – delivery of correspondence is possible only to the indicated address in Poland.

• A party who does not have a place of residence or residence or registered office in the Republic of Poland or another Member State of the European Union, if it has not appointed a representative to conduct the case residing in the Republic of Poland and does not act through a consul in the Republic of Poland, is obliged to indicate a representative for service in Poland. If no representative is appointed, the applicant will be summoned, in the mode of supplementing formal deficiencies, to appoint a representative and serve a confirmation of granting a power of attorney within 7 days from the date of service of the summons, which will extend the time of the proceedings.

• A representative may be a natural person with legal capacity, i.e., in principle any adult who has not been incapacitated by the court. An attorney can be both a person with appropriate professional qualifications (e.g., attorney, legal advisor) and a person without such qualifications, i.e., family members, friends, etc. If several representatives are appointed, the correspondence will be served on only one of them. Such a person may be designated by a party. More information about the power of attorney can be found here.