List of foreigners whose stay on the territory of the Republic of Poland is undesirable

Regulations

a. Rules applicable to third-country nationals

The inclusion and storage of data in the list of foreigners whose stay on the territory of the Republic of Poland is undesirable, hereinafter referred to as the "List", is regulated in the Regulations of Chapter 2 of Section X of the Act of 12 December 2013 on foreigners (Articles 434-447). These Regulations apply to foreigners – citizens of third countries.

Entry in the list, extension of the validity of the entry, suspension of the validity of the entry and deletion of the entry is made ex officio by the Head of the Office for Foreigners. All entries of foreigners' data after the expiry of the period for which they were posted shall be removed from the List ex officio.

The foreigner's data shall be included in the List in cases strictly defined by law. Learn the reasons for placing data in the List.

The conditions that constitute the basis for placing the foreigner's data in the list of foreigners whose stay on the territory of the Republic of Poland is undesirable are:

• issued a return decision with a ban on entry to the territory of the Republic of Poland or a ban on entry to the territory of the Republic of Poland and other Countries of the Schengen area – for the period specified in the decision starting from the date of:

• the implementation of the return decision;

• the expiry of the period for voluntary return laid down in the return decision, in the absence of information on the implementation of that decision;

• a final conviction of a foreigner in the Republic of Poland – for an intentional crime or a fiscal crime to a fine or imprisonment or; a country other than the Schengen area – for an offence constituting a crime within the meaning of Polish law, or; the Republic of Poland or another Schengen country – for an offence punishable by imprisonment of more than one year. In the case of judgments, the duration of the entry of the foreigner's data in the list depends on the penalty awarded by a final judgment:

• if the foreigner has been sentenced to a sentence of at least 3 years imprisonment, the period is 5 years from the date of completion of the custodial sentence imposed by a final judgment that is the basis for the inclusion of data;

• if the foreigner has been sentenced to a prison sentence of less than 3 years, the period is 3 years from the date of completion of the custodial sentence imposed on the basis of the judgment on which the data are based on the list;

• if a fine has been imposed on the foreigner, the period is 3 years from the date of the judgment on which the data to be included in the list becomes final;

• if a custodial sentence with conditional suspension of its execution has been imposed on the foreigner, the period shall be the conditional suspension of the custodial sentence from the date on which the judgment referred to in Article 435(1)(2) becomes final;

• the entry or stay of a foreigner on the territory of the Republic of Poland is undesirable due to the obligations resulting from the Regulations of ratified international agreements in force in the Republic of Poland – for the period resulting from international agreements in force in the Republic of Poland, which are the basis for placing the foreigner's data on the list;

• this is required for reasons of defence or security of the state or protection of security and public order or the interest of the Republic of Poland – for a period not longer than 5 years, with the possibility of extension for subsequent periods, none of which exceeds 5 years;

• transfer of a foreigner to a third country on the basis of an international agreement on the transfer and reception of persons after their previous detention in connection with crossing the border contrary to the regulations – for a period of 3 years from the date of transfer of the foreigner to a third country on the basis of an international agreement on the transfer and reception of persons, after prior detention in connection with crossing the border contrary to the Regulations of law;

• transfer of a foreigner to another Member State of the European Union, a Member State of the European Free Trade Association (EFTA) – a party to the Agreement on the European Economic Area or the Swiss Confederation on the basis of an international agreement on the transfer and reception of persons – for a period of 1 year from the date of transfer of the foreigner to another Member State of the European Union, a Member State 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 reception of persons.

Remark!!!

The inclusion of a foreigner's data in the list may take place without their knowledge and consent.

b. Rules applicable to EU citizens and their family members exercising their freedom of movement

The subject matter of the list of foreigners whose stay on the territory of the Republic of Poland is undesirable to the extent that it concerns EU citizens is regulated in the Regulations of Chapter 5 of the Act of 14 July 2006 on entry into, stay and exit from the territory of the Republic of Poland of citizens of EU Member States and their family members (Articles 77-78), hereinafter referred to as the "Entry Act". The Regulations of this Act define the terms and conditions of entry into the territory of the Republic of Poland, stay and exit from this territory of citizens:

• citizens of the Member States of the European Union;

• citizens of the Member States of the European Free Trade Association (EFTA) – parties to the Agreement on the European Economic Area;

• citizens of the Swiss Confederation;

• UK citizens - beneficiaries of the Withdrawal Agreement of the United Kingdom of Great Britain and Northern Ireland;

• members of their families who join or are with them;

The data of the above-mentioned categories of foreigners are included in the List in cases strictly defined by law. Learn the reasons for placing data in the List.

The premise that is the basis for placing data – an EU citizen / family member who is not an EU citizen in the list of foreigners whose stay on the territory of the Republic of Poland is undesirable is:

• leaving the territory of the Republic of Poland by an EU citizen or a family member who is not an EU citizen as a result of the implementation of an expulsion decision taken due to a threat to the defence or security of the state or the protection of security and public order;

• expiry of the deadline for leaving the territory of the Republic of Poland specified in the decision on the expulsion of an EU citizen or a family member who is not an EU citizen, in the absence of information on the implementation of this decision. In the event that the Head of the Office for Foreigners has obtained information about the implementation of the decision on the expulsion of an EU citizen or a family member who is not an EU citizen - which is the basis for entry in the list, the period of validity of the entry is corrected in such a way that the date of implementation of this decision is considered to be its beginning.

The data of an EU citizen/family member who is not an EU citizen is stored in the List for a period of 5 years. All entries of foreigners' data after the expiry of the period for which they were posted shall be removed from the List ex officio.

Entry in the list, extension of the validity of the entry, suspension of the validity of the entry and deletion of the entry is made ex officio by the Head of the Office for Foreigners.