Re-entry ban

Detailed explanation

The commander of the BG branch or the commander of the BG post, who issued a return decision for the foreigner, may, after meeting certain conditions (as at the beginning), withdraw the prohibition contained in this decision, preventing them from lawfully entering Poland and countries of the Schengen area.

Make such a request in writing and justify it accordingly. In its content, describe the reasons why re-entry before the expiry of the ban is necessary and document them. Remember to draw up such an application in Polish and sign it.

Submitting the application requires the payment of stamp duty, which is PLN 10. This payment should be made to the account of the tax authority competent for the seat of the authority that will consider the application. Attach confirmation of payment of this fee to the application.

It is also necessary to appoint a representative to receive correspondence in the territory of Poland. Remember to attach to the application proof of payment of stamp duty for granting a power of attorney in the amount of PLN 17.

The commander of the BG branch or the commander of the BG post, after considering the application, decides on the withdrawal of the ban or refusal to withdraw it by an administrative decision, considering both the circumstances that have become the basis for the foreigner's obligation to return, as well as the circumstances due to which the foreigner is to re-enter the territory of the Republic of Poland or other Schengen countries.

It shall not be possible to withdraw the re-entry ban if:

• the entry or stay of a foreigner in the Republic of Poland may pose a threat to the defence or security of the state or the protection of security and public order or violate the interests of Poland, or

• the foreigner did not pay the costs associated with the issuance and execution of the return decision, which they were obliged to bear.

Except where re-entry is for humanitarian reasons, withdrawal of the prohibition shall also not be possible where:

• it has been re-ordered (and 2 years have not passed since the previous decision to withdraw the ban on re-entry), or

• half of the period for which it was ordered has not yet expired.

Please note your right to appeal against a decision to withdraw a ban on re-entry. The competent authority in this matter and is the Head of the Office for Foreigners. The reference is deformalized. They are submitted to the appeal body through the first-instance body. More information about the cancellation can be found here.

A decision withdrawing the ban on re-entry, if it is final (i.e., binding), results in the foreigner's data being deleted from the registers kept for the purposes of refusing entry. If you need more information about these registers, click on this link.