Do You Need a Lawyer to Fight a Decision Forcing You to Leave Poland and the Schengen Area?

I always provide honest answers to my clients regarding the advisability of undertaking any legal actions, even if, in the end, this may not be financially beneficial for me 🙂

YES. I consider the expenses for appealing against the decision of the Polish Border Guard authority (department or unit) on zobowiązanie cudzoziemca do powrotu (obligation of a foreigner to return – hereinafter referred to as “obligation to return”) to be reasonable in 95% of cases.

Do not hesitate to spend money on a professional legal appeal, including in my performance.

Firstly, although the minimum period of an entry ban amounts to 6 months, based on my practice, I know that officers of the Border Guard – which they are fully entitled to – often issue decisions unfavorable to the foreigner by imposing a considerably longer entry ban, relying on their individual assessment of the situation (let me remind you that the maximum entry ban to the Schengen Area is 10 years).

Secondly, even when the foreigner, upon receiving an obligation to return, voluntarily and at their own expense organizes their departure from the Schengen Area, and until the expiry of the entry ban does not attempt to return (e.g. by changing personal data or trying to enter a Schengen state by force), thereby demonstrating law-abidance and good faith, there still remains a record in the systems about the issuance of the obligation to return. In the future, the presence of such a record in the foreigner’s “Schengen biography,” regarding an issued and unappealed decision, may adversely affect obtaining a residence permit.

Thirdly, many foreigners need to gain time to remain in Poland (the reasons vary). Filing an appeal does not legalize the foreigner’s stay, but it grants the right to remain in the territory of the Republic of Poland until the final decision on the appeal is issued. From my experience, in previous years and currently, the processing time for an appeal against an obligation to return amounts to at least 8 months.

Fourthly, the assessment of a foreigner’s situation by a specific officer of the Border Guard is based on the opinion and knowledge of that person. The human factor always plays a role – not all circumstances of the foreigner’s situation may be taken into account, or they may be incorrectly presented by the foreigner.

By filing an appeal, You demonstrate Your objection to the decision issued by the Border Guard authority. In Your view, it is not objective, too severe, etc. It is important to show Your position and provide personal arguments in the appeal (odwołanie). Even though, before issuing a decision obligating the foreigner to leave, the official procedure provides for a stage called a “hearing,” during which one can explain the circumstances that led to illegal stay in Poland, from my experience, 99% of people are in a state of strong emotional distress at that moment and cannot properly present their situation.

Please remember! You have only 7 calendar days to lodge an appeal.

I may offer You my legal assistance:

• in preparing an appeal against a decision obligating You to leave the Schengen Area;
• reducing the period of the entry ban;
• preparing for the procedure of applying for international protection in Poland; providing consultation concerning the legality of Your stay in Poland.

Don’t hesitate to contact: [email protected]

+48 729 407 814

Legal basis:

Rozdział 2. Zobowiązanie cudzoziemca do powrotu – Ustawa o cudzoziemcach [o cudzoziemcach]

Zobowiązanie do powrotu – Konsekwencje nielegalnego pobytu Komenda Główna Straży Granicznej

Akt prawny