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Entry ban procedure

What account number should I use to pay the stamp duty for submitting a request regarding the information on listing the data in the Register of foreigners?

When submitting a request for information regarding including/rectifying/deleting personal data from the Register of foreigners, whose residence on the territory of Poland is undesirable or from the Schengen Information System for the purpose of imposing the entry ban, you must pay stamp duty in order to receive the certificate.

The stamp duty in the amount of PLN 17.00 must be paid to the following bank account:
Centrum Obsługi Podatnika Miasta Warszawy
Obozowa 57, 01-161 Warszawa
CitiBank Warszawa
21 1030 1508 0000 0005 5000 0070
for international payments:
SWIFT CODE: “CITIPLPX”
IBAN: “IBAN PL21 1030 1508 0000 0005 5000 0070”

Payment confirmation for the stamp duty must be submitted to the Office – indicating the reference number of the case or – in the event of not having such information – indicate the type of case, e.g. stamp duty for the request for information “indicate the type of information”.

I would like to request information regarding including the data in the Register of foreigners, whose residence on the territory of Poland is undesirable, but I do not have an address for correspondence on the territory of Poland and I do not have a legal representative. Can I indicate my address in Ukraine for a reply to be sent to my home address?

A reply to an application cannot be sent to an address abroad.

Pursuant to the provisions of Article 40 § 4 of the Act of 14 June 1960 the Administrative Procedure Code:

  • if you do reside or temporarily stay in the Republic of Poland or another European Union Member State or;
  • you have not appointed a legal representative to conduct the case who resides in the Republic of Poland and you are not acting through a consul in the Republic of Poland, you are obliged to appoint a representative in the Republic of Poland for delivery, unless the delivery is made by means of electronic communication (only in the case of having an electronic signature allowing identification and authentication, required for the implementation of the on-line service).
I act as a legal representative for a foreigner. Can I receive the information about the deletion from the Register by e-mail?

No, it is not possible to obtain such information by e-mail. In order to effectively for the removal of foreigner’s data from the Register of foreigners, whose residence on the territory of Poland is undesirable or from the Schengen Information System for the purposes of imposing an entry ban, your application submitted electronically must be certified with a qualified electronic signature, a trusted signature or a personal signature, or authenticated in a manner allowing to confirming the origin and integrity of verified data in an electronic form.
Submit an official request for information regarding the Register of foreigners, whose residence on the territory of Poland is undesirable or the Schengen Information System imposing an entry ban. Use the form available on the website of the Office for Foreigners (www.udsc.gov.pl: Foreigners from outside the EU → Register of foreigners, whose residence on the territory of Poland is undesirable)

The application may be lodged in the following manner:

  • by post to the address of the Office: ul. Taborowa 33, 02-699 Warsaw, or
  • submitted in person at the registry office of the Office for Foreigners at ul. Taborowa 33 in Warsaw (Monday-Friday from 8:15 a.m. to 4:15 p.m.), or
  • electronically, however only if you have a valid electronic signature for identification and authentication required to provide the online service

Each foreigner may act through an appointed legal representative – a natural person having the capacity to perform acts in law.
Therefore, you have the right to submit an official request for information regarding the personal data of a foreigner under the condition that you have a power of attorney, granting you the right to request/rectify/remove the personal data included in the Register of foreigners, whose residence on the territory of Poland is undesirable. The original of the power of attorney or an officially certified copy of the power of attorney must be attached to the application.

The request for deletion and the request for removal – is it the same document?

Yes, it is the same application submitted to the Head of the Office for Foreigners pursuant to Article 444 of the Act of 12 December 2013 on Foreigners. However, separate administrative proceedings are conducted in the case of an application for withdrawal of the entry ban issued in the decision on the obligation to return. Pursuant to Article 320 of the Act of 12 December 2013 on Foreigners, the request shall be submitted to the first instance authority which issued the decision on the obligation to return.

I would like to submit an official request for information regarding the details of my friend placed in the Register of foreigners, whose residence on the territory of Poland is undesirable. Can I become his/her representative in the territory of Poland?

Pursuant to Article 444 of the Act of 12 December 2013 on Foreigners, submitting requests for access to information/rectification of data/removal of data included in the Register does not have to be made in person. Each foreigner may act through an appointed legal representative – a natural person having the capacity to perform acts in law.
You have the right to submit an official request for information regarding the personal data of a foreigner under the condition that you have a power of attorney, granting you the right to request/rectify/remove the personal data included in the Register of foreigners, whose residence on the territory of Poland is undesirable. The original of the power of attorney or an officially certified copy of the power of attorney must be attached to the application.

Is the application for removing the details from the Register of foreigners, whose residence on the territory of Poland is undesirable pursuant to Article 444, item 1(3) of the Act on Foreigners the only method for verifying the validity of the entry?

The Head of the Office for Foreigners is the only authority responsible for entering personal data on the Register of foreigners, whose residence on the territory of Poland is undesirable, extending the retention period for the entry or removing the entry from the Register.
The correctness or deletion of your personal data can be verified only by submitting a request to the Head of the Office for Foreigners in the manner stipulated in Article 444 of the Act of 12 December 2013 on Foreigners.

The administrative procedure is carried out in two instances; therefore, it is conducted in the following manner:
1) you submit an application for rectifying/deleting your data from the Register to the Office for Foreigners, the authority responsible for examining cases pursuant to Article 444 of the Act on Foreigners (first instance);
2) in the event of a negative decision issued in the first instance and refusal to rectify/delete the data, you have the right appeal to the Head of the Office for Foreigners within 7 days upon receiving the original decision (the second instance).
The decision issued after the appeal is final in the administrative course of the instance.
However, if you do not agree with the decision, within 30 days of receiving the decision you have the right to:
1) submit a complaint against the decision of the Head of the Office for Foreigners regarding the rectification/deletion of data in the Register of foreigners, whose residence on the territory of Poland is undesirable to the Voivodeship Administrative Court in Warsaw; and
2) file a complaint with the Supreme Administrative Court in case of a negative decision of the Voivodeship Administrative Court.

I am not allowed to enter the territory of the Republic of Poland due to an unpaid fine. If I cover the fine, will I be able to immediately enter the country?

Pursuant to Article 436, item 2 in conjunction with Article 436, item 1(3) of the Act on Foreigners, the data of a foreigner sentenced with a fine by a final judgment in the Republic of Poland for an intentional or fiscal offence shall be deleted only in the even the fine has been paid.
If you pay the fine imposed by a final court judgment and the judgement and fine were the only reasons for retaining your details in the Register, the entry will be removed from the Register of foreigners, whose residence on the territory of Poland is undesirable.
Information regarding payment of the fine should be submitted by the competent court to the Office for Foreigners. Upon receiving such information, the Office initiates the procedure for removing the personal data from the Register of foreigners, whose residence on the territory of Poland is undesirable. You may also apply for the removal of your details from the Register of foreigners, whose residence on the territory of Poland is undesirable, indicating that you have paid the fine.

The application may be lodged in the following manner:

  • by post to the address of the Office: ul. Taborowa 33, 02-699 Warsaw, or
  • submitted in person at the registry office of the Office for Foreigners at ul. Taborowa 33 in Warsaw (Monday-Friday from 8:15 a.m. to 4:15 p.m.), or
  • electronically, however only if you have a valid electronic signature for identification and authentication required to provide the online service.

Please attach payment confirmation to the application.

When can I come to Poland to take up employment?

When applying for a visa, I was refused because of an alert in the SIS. If you have been refused a visa because your personal data are listed in the Schengen Information System for the purpose of imposing an entry ban, you are not allowed in the Schengen area and thus you are not allowed to remain in the territory of Poland until the alert expires.
In the event that the alert in the Schengen Information System was issued by Poland, you have the right to submit a request to the Office for Foreigners for deleting the entry in the Register of foreigners, whose residence on the territory of Poland is undesirable or the Schengen Information System if they impose an entry ban in violation of the Act.

The application may be lodged in the following manner:

  • by post to the address of the Office: ul. Taborowa 33, 02-699 Warsaw, or
  • submitted in person at the registry office of the Office for Foreigners at ul. Taborowa 33 in Warsaw (Monday-Friday from 8:15 a.m. to 4:15 p.m.), or
  • electronically, however only if you have a valid electronic signature for identification and authentication required to provide the online service.
Can I submit a request for information, deletion or rectification of data contained in the Register or the Schengen Information System imposing an entry ban in the event that the German police imposes an obligation to return with a simultaneous ban on entering Germany?

The Office for Foreigners provides only the following information:

  • information regarding the entry in the Register of foreigners, whose residence on the territory of Poland is undesirable or lack thereof, or;
  • information regarding an alert in the Schengen Information System issued by Poland for the purpose of imposing a ban on entering the Schengen territory.

In the event that the alert in the Schengen Information System was placed by another Member State, the Office for Foreigners cannot provide such information. In the case of alerts from the other Member States, you have the right to submit a request for information on an entry ban in the Schengen Information System. The request shall be submitted to the Bureau of Intelligence and Criminal Information of the National Police Headquarters.

Why was I refused entry at the border?

The denial of entry to the territory of the Republic of Poland is issued by the commanding officer of the Border Guard post. The decision indicated the reasons for the denial of entry.
In the event that the decision states that your personal data are present in:
1) the SIS or;
2) Register of foreigners, whose residence on the territory of Poland is undesirable,
submit an official request for information regarding the Register of foreigners, whose residence on the territory of Poland is undesirable or the Schengen Information System imposing an entry ban.

The application may be lodged in the following manner:

  • by post to the address of the Office: ul. Taborowa 33, 02-699 Warsaw, or
  • submitted in person at the registry office of the Office for Foreigners at ul. Taborowa 33 in Warsaw (Monday-Friday from 8:15 a.m. to 4:15 p.m.), or
  • electronically, however only if you have a valid electronic signature for identification and authentication required to provide the online service.

IMPORTANT! The Office for Foreigners may only provide information on the alerts in the Schengen Information System for preventing entry into the Schengen area in the event if the alert has been entered by Poland. In the case of alerts from the other Member States, you have the right to submit a request for information on an entry ban in the Schengen Information System. The request shall be submitted to the Bureau of Intelligence and Criminal Information of the National Police Headquarters.

I have received a decision withdrawing the re-entry ban, but my personal data have not been removed from the Schengen Information System. When will I be able to re-enter the Schengen area?

Your personal data may still be listed on the Schengen Information System under the following conditions:

  • the information has not yet been submitted to the Office for Foreigners and thus the procedure for removing the details from the Schengen Information System has not been initiated;
  • including and retaining personal data in the Register of foreigners, whose residence on the territory of Poland is undesirable and the Schengen Information System depends on at least two legal bases, and issuing the decision to withdraw the re-entry ban only removes one of the legal bases for entering your personal data in the Register and the Schengen Information System imposing an entry ban and gives grounds to verify the retention period of the information contained in the aforementioned systems;
  • Your data may still be present in the Schengen Information System due to an entry ban imposed by another Member State.

In the event of doubts regarding the removal of your personal data from the Register of foreigners, whose residence on the territory of Poland is undesirable and the Schengen Information System after issuing the decision on the withdrawal of the re-entry ban, you have the right to submit an official request for information to the Office for Foreigners with regards to your details in the Register or in the Schengen Information System imposing an entry ban.

The application may be lodged in the following manner:

  • by post to the address of the Office: ul. Taborowa 33, 02-699 Warsaw, or
  • submitted in person at the registry office of the Office for Foreigners at ul. Taborowa 33 in Warsaw (Monday-Friday from 8:15 a.m. to 4:15 p.m.), or
  • electronically, however only if you have a valid electronic signature for identification and authentication required to provide the online service

The Office for Foreigners may only provide information on the alerts in the Schengen Information System for preventing entry into the Schengen area in the event if the alert has been entered by Poland.

In the case of alerts from the other Member States, submit a request for information on an entry ban in the Schengen Information System. The request shall be submitted to the Bureau of Intelligence and Criminal Information of the National Police Headquarters.

I have received a decision on the withdrawal of the re-entry ban, but my personal data have not been removed from the Register of foreigners, whose residence on the territory of Poland is undesirable. When will I be able to enter the territory of the Republic of Poland again?

Your personal data may still be listed on the Register of foreigners, whose residence on the territory of Poland is undesirable under the following conditions:

  • the information has not yet been submitted to the Office for Foreigners and thus the deletion procedure has not been initiated;
  • including and retaining personal data in the Register depends on at least two legal bases, and issuing the decision to withdraw the re-entry ban only removes one of the legal bases for entering your personal data in the Register and gives grounds to verify the retention period of the information contained therein.

In the event of doubts regarding the removal of your personal data from the Register of foreigners, whose residence on the territory of Poland is undesirable after issuing the decision on the withdrawal of the re-entry ban, you have the right to submit an official request for information to the Head of the Office for Foreigners with regards to your details in the Register or in the Schengen Information System imposing an entry ban.

The application may be lodged in the following manner:

  • by post to the address of the Office: ul. Taborowa 33, 02-699 Warsaw, or
  • submitted in person at the registry office of the Office for Foreigners at ul. Taborowa 33 in Warsaw (Monday-Friday from 8:15 a.m. to 4:15 p.m.), or
  • electronically, however only if you have a valid electronic signature for identification and authentication required to provide the online service
How long will my entry ban remain in the Schengen Information System?

In the event that the reasons for entering your details in the Register of foreigners, whose residence on the territory of Poland is undesirable are the same as the reasons your details have been placed in the Schengen Information System for the purposes of placing an entry ban (see Article 443, item 1 of the Act of 12 December 2013 on Foreigners), the data shall be transferred to the SIS for the entire retention period applicable for the Registry.
In order to obtain detailed information regarding the period for which your information was placed in the Schengen Information System for the purpose of imposing an entry ban, please submit an official request for information to the Head of the Office for Foreigners.

The application may be lodged in the following manner:

  • by post to the address of the Office: ul. Taborowa 33, 02-699 Warsaw, or
  • submitted in person at the registry office of the Office for Foreigners at ul. Taborowa 33 in Warsaw (Monday-Friday from 8:15 a.m. to 4:15 p.m.), or
  • electronically, however only if you have a valid electronic signature for identification and authentication required to provide the online service.
How long will my personal data remain in the register of foreigners, whose residence on the territory of Poland is undesirable?

The period for which the details are kept on the Register depends on the circumstances (the list of circumstances is included in Article 435, item 1 of the Act of 12 December 2013 on Foreigners) is set out in Article 438, item 1 of the Act of 12 December 2013 on Foreigners. In order to obtain detailed information on the retention period of details included in the Register of foreigners, whose residence on the territory of Poland is undesirable, please submit an official request for information to the Head of the Office for Foreigners.

The application may be lodged in the following manner:

  • by post to the address of the Office: ul. Taborowa 33, 02-699 Warsaw, or
  • submitted in person at the registry office of the Office for Foreigners at ul. Taborowa 33 in Warsaw (Monday-Friday from 8:15 a.m. to 4:15 p.m.), or
  • electronically, however only if you have a valid electronic signature for identification and authentication required to provide the online service.

 

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