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Schengen Information System

In the event of an appeal against the decision obliging the foreigner to return, is an entry in the register?
The basis for entering the foreigner’s data in the list of foreigners whose stay within the territory of the Republic of Poland is undesirable or in the Schengen Information System is, among others, a final decision obliging the foreigner to return with a ban on entry to the territory of the Republic of Poland or a ban on entry into the territory of the Republic of Poland and other countries of the Schengen area.

 

The exception is the above-mentioned decision on the obligation to return with the order of immediate enforceability. In such cases, a non-final decision may constitute the basis for listing, while the data is not transferred to the Schengen Information System for the purposes of refusing entry, only after the decision becomes final, the data is also transferred to the SIS.

If you submit an appeal against the return obligation within the statutory deadline, your data will not be listing or put in the Schengen Information System on the basis of the above-mentioned a decision until the final decision in the case is issued, unless:

– the decision is immediately enforceable;

– the data is listed based on other circumstances indicated in art. 435 par. 1 of the Act of 12 December 2013 on foreigners.

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 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.

Does breaching visa conditions in a non-EU country constitute the basis for refusing entry to Poland for tourism or employment?

The following circumstances constitute grounds for imposing an entry ban to the territory of Poland:

  • the lack of a valid travel document, valid visa or other valid documents required to enter or remain in the territory of Poland or;
  • the lack of the document referred to in Article 25, item 1(2)(a) or Article 25, item 2 (provisions regarding the mandatory health insurance) or;
  • within the last 180 days you have used up the permitted length of stay in the Schengen area (90 days) unless international agreements provide otherwise, or;
  • failing to provide sufficient documents to confirm the purpose and conditions of your intended stay, or;
  • not having sufficient financial resources – the amount of required financial resources depend on the duration and purpose of the intended stay; or not having the financial resources required to book a return trip to the country of origin or residence; or not having the financial resources for transit through the territory of the Republic of Poland to a third country which will grant you a permit to enter; or not having a document confirming the possibility of obtaining such resources in accordance with the law, or;
  • using an illegitimate travel document, visa or any other document granting you with the right to enter and remain in the territory of the Republic of Poland, or;
  • entering the country while being listed on the Register of foreigners, whose residence on the territory of Poland is undesirable, or:
  • entering the country while being listed in the Schengen Information System imposing an entry ban, or;
  • the entry ban is required for reasons of national security, public safety or due to international relations of the Republic of Poland or another European Union Member State.

The national legislation does not expressly state that the breach of visa conditions of a non-EU country constitutes the basis for refusing entry into Poland. However, in the event that border authorities receive information that the nature of the breach could result in recognising you as a threat to, for instance, public safety and order on the territory of the Republic of Poland, they have the right to decide on imposing an entry ban.

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.
Do I have the right to receive detailed information regarding the duration of the entry ban?

Yes, you have the right to obtain such information if:

  • the entry ban pertains to the Polish territory, or
  • the entry ban pertains to the Schengen area and was imposed by Poland.

If you wish to receive information if your details are included in the Register of foreigners, whose residence on the territory of Poland is undesirable or the Schengen Information System, please submit a request for information to 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.
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.

Can I apply for a Schengen visa in the event that my personal data are deleted from the Register or SIS?

You have the right to apply for a Schengen visa after your personal data have been removed from the Register of foreigners, whose residence on the territory of Poland is undesirable or the Schengen Information System for the purposes of imposing an entry ban.  The visa procedure, however, requires meeting all the conditions for granting a certain type of visa and the absence of condiions giving grounds for refusal of visa.

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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