When may I be deported from Poland? What is deportation?

In Polish law, deportation is formally an administrative decision obliging a foreigner to return. It means the person must leave Poland and, in most cases, the wider Schengen Area.

The procedure is governed by immigration regulations and carried out by the authorities, primarily the Border Guard. The return decision is issued by the Border Guard Commander. Despite the common term “deportation,” the legal wording is “obligation to return.”

Decision obliging a foreigner to return may have serious consequences, including difficulties with returning in the future.

A decision obliging a foreigner to return may result from immigration-related violations, criminal offenses, or a combination of both.

A RETURN DECISION MAY BE ISSUED, FOR EXAMPLE, IF A FOREIGNER:

• Stays in Poland without a valid visa or other document authorizing entry and stay, where such a document is required (no visa at all).

• Fails to leave Poland after exceeding the permitted 90 days of visa-free stay within any 180-day period, unless international agreements provide otherwise (non-visa overstay).

• Fails to leave Poland after using the full period of stay granted under a Schengen visa or a national visa (visa overstay).

• Performs work without a required work permit or other document legalizing employment (unauthorized employment).

• Conducts business activity in Poland in violation of applicable regulations (unauthorized business activity).

• Is listed in the national register of foreigners whose stay in Poland is undesirable (often in connection with criminal proceedings).

• Is entered into the Schengen Information System (SIS) for the purpose of refusing entry and stay (usually resulting from a criminal judgment or decisions on obligation to return issued by other Schengen states).

• Presents a threat to national defense, state security, public safety, public order, or the interests of the Republic of Poland (a broadly defined ground frequently related to criminal cases).

• Has crossed or attempted to cross the Polish border illegally (which itself constitutes a criminal offense).

• Stays in Poland for purposes or under conditions inconsistent with those declared, unless the law allows such changes.

There are generally two types of return decisions:

• Voluntary return, where the foreigner is given a deadline ( 8–30 days) to leave Poland independently.

• Forced return, where the decision may be enforced immediately or after the voluntary deadline expires.

In some cases, particularly those involving public security, criminal matters, or serious violations, no voluntary return period is granted, and the decision may be enforced from the outset.

As a general rule, a decision obliging a foreigner to return includes a re-entry ban covering Poland and other Schengen countries.

Such bans typically last from 6 months to 3 years (usually, but sometimes up to 5 or 10 years).

A re-entry ban may have a significant impact on a foreigner’s personal and professional life, especially if they have employment, family ties, or long-term plans in Poland. The consequences are particularly severe for nationals of countries that require visas to enter Poland.

In cases of minor immigration violations (such as short overstays), it may be possible to avoid a re-entry ban.

However, this option is not proposed automatically by the authorities. The foreigner must be aware that such an exception exists and must actively demonstrate that they meet the legal requirements to benefit from it.

The same rules apply in cases of voluntary return, as this period may also be extended for up to 1 year.

As a party to the proceedings, the foreigner must be formally informed of their initiation. In practice, proceedings may begin in several ways, e.g.:

• The foreigner may be stopped and apprehended by the Border Guard (for example, during a visit to an immigration office where an overstay is discovered). 

• Proceedings may be triggered by labor inspections revealing illegal employment.

• The Border Guard may also initiate proceedings by summoning the foreigner for an interview via written notice. 

Foreigners involved in return proceedings have important procedural rights, including:

• The right to legal representation and to consult an attorney (attorney assistance during the interview). 
• The right to an interpreter if they do not speak Polish. 
• The right to actively participate in the proceedings and safeguard their interests (reviewing the evidence and making photocopies). 

Given the potential consequences, it is strongly recommended to contact a professional immigration or criminal lawyer as early as possible and request their presence during interviews with the Border Guard.

If the case involves a potential criminal aspect, the foreigner also has the right to remain silent and may refuse to answer questions that could lead to self-incrimination.

Common mistakes that can lead to illegal stay in Poland:

• Ignoring letters or summons from the Border Guard
• Ignoring letters from Immigration Office
• Not updating correspondence address
• Overstaying visa-free period “by a few days”
• Working without checking permit requirements
• Providing inconsistent or incomplete explanations
• Assuming voluntary departure avoids consequences automatically

A deportation (return) decision can be appealed, but strict deadlines apply.

• The appeal must be filed within 7 days from the date the decision is served (not 14 days as usual).

• In most cases, the decision is served in person, meaning the deadline begins immediately.

• Filing an appeal usually suspends enforcement of the decision, meaning the foreigner cannot be forcibly removed until the decision becomes final at the second administrative instance.

Because of the short deadline and the complexity of the procedure, legal assistance is strongly recommended when preparing an appeal.

Because of the short deadline and the complexity of the procedure, legal assistance is recommended. An attorney can assist you during interviews with the Border Guard and represent you throughout the entire proceedings.

More importantly, seeking legal advice as soon as return proceedings are initiated can significantly improve the chances of a favorable outcome.

In practice, it is often easier to prevent the imposition of an entry ban (or to reduce its duration) during the proceedings than to overturn an unfavorable decision once it has been issued.

If you need assistance – contact us

Poland deported twice as many immigrants in 2025 as in 2024. It shows that immigration rules are being enforced more strictly and that it is easier than many people think to end up with an irregular legal status.

This can happen to anyone, so it is important to stay informed about your legal situation and keep your documents up to date.

Below link to article on Notes From Poland

Poland forcibly deported twice as many immigrants in 2025 as in 2024

Visit official websites to find more information:

• Polish Border Guard (Straż Graniczna): Straż Graniczna – official site
• Schengen Information System (SIS): EU SIS information

Legal acts regulating deportation matters:

• Act on foreigners (Article 302 et seq.)
• Act on the Entry into, Residence in, and Exit from the Territory of the Republic of Poland of Citizens of European Union Member States and Their Family Members
• Code of Administrative Procedure