A decision obliging a foreigner to return usually also contains a ban on re-entry to Poland and the other Schengen States. The time to react is very short: an appeal must be lodged within 7 days of service of the decision. We explain where an entry ban comes from, how to appeal against it, which arguments matter, what to do once the decision becomes final and when a revocation of the ban can be requested.
Legal basis
- Article 302 of the Act on Foreigners (consolidated text: Journal of Laws 2025, item 1079) – grounds for a return decision,
- Article 303 – cases in which no proceedings are initiated, and Articles 306–307 – expiry of the decision and its effect on visas and permits once final,
- Article 310 – competent authority (commander of a Border Guard division or post),
- Article 315 – time limit for voluntary return,
- Articles 318–319 – ban on re-entry and its length,
- Article 320 – revocation of the entry ban at the foreigner’s request,
- Articles 321–322 – appeal within 7 days to the Commander-in-Chief of the Border Guard and electronic service,
- Articles 330 and 334–334a – non-enforcement of the decision and assistance with voluntary return,
- Articles 435–440a – list of foreigners whose stay is undesirable,
- Articles 53 § 1, 54 § 1 and 61 of the Law on Proceedings before Administrative Courts (consolidated text: Journal of Laws 2026, item 143) – complaint to the administrative court.
Where an entry ban comes from
The entry ban is part of the return decision: under Article 318(1) of the Act, that decision contains a ban on re-entry to the territory of Poland and the other Schengen States for a specified period. The grounds for the decision are listed in Article 302(1) – among others lack of a valid visa or residence document, exceeding the period of stay, illegal work or illegal business activity, lack of means of subsistence, an entry in the list of undesirable foreigners, a threat to security or illegal border crossing. The decision is issued by the commander of a Border Guard division or post, ex officio or at the request of other authorities (Article 310).
How long the ban lasts
Under Article 319 the ban is in principle from 6 months to 3 years, from 1 to 3 years for illegal work or business activity, from 3 to 5 years in the cases indicated in the provision, and from 5 to 10 years in security cases. The ban may be extended by operation of law – up to 5 years – until the costs of return are paid.
Appeal within 7 days
A return decision may be appealed to the Commander-in-Chief of the Border Guard within 7 days of service (Article 321). The time limit runs from service, including electronic service (Article 322), so it is necessary to check when and how the decision was effectively served. Missing the deadline closes the way to an ordinary appeal. The appeal should state which part of the decision is challenged (the return obligation, the length of the ban, the time limit for voluntary departure), what is requested and why the decision is wrong, and should be supported by evidence.
Arguments that may matter
- No ground under Article 302(1) – e.g. the foreigner held a valid residence document or the authority’s findings are wrong.
- Particularly important interest of the foreigner – in cases of illegal work and illegal business activity the decision is not issued if such an interest speaks against it (Article 302(4a)).
- Circumstances under Article 303(1) – in certain situations, among others where the foreigner is the spouse of a Polish citizen or of a person with a permanent residence right, or has obtained a permanent residence permit or EU long-term resident status, no proceedings are initiated; a permanent residence permit or EU long-term resident permit also causes the decision to expire by operation of law (Article 306).
- Waiver of the ban – Article 318(1a)–(1d) allow the ban to be waived where there is a high probability that the foreigner will comply with the law; this does not apply where the waiver was used in the last 2 years.
- Family and humanitarian circumstances – family situation, health, ties with Poland; they play a role in assessing an application for revocation of the ban and may justify non-enforcement of the decision in cases under Article 330.
- Time limit for voluntary departure – in principle from 8 to 30 days; it is not set where there is a risk of absconding or a threat to security, and in security cases the decision may be immediately enforceable (Article 315).
Complaint to the administrative court
A decision of the Commander-in-Chief of the Border Guard may be challenged before an administrative court. The complaint is lodged within 30 days of service of the ruling, through the authority whose action is complained of (Articles 53 § 1 and 54 § 1 of the Law on Proceedings before Administrative Courts). Lodging a complaint does not suspend enforcement of the decision, but the authority may, ex officio or at the complainant’s request, suspend enforcement in whole or in part, unless the conditions for immediate enforceability apply or a special statute excludes suspension (Article 61 §§ 1–2). It is worth filing the request for suspension together with the complaint.
Revocation of the entry ban once the decision is final
If the decision is already final, a request for revocation of the entry ban may be submitted to the authority that issued the first-instance decision (Article 320). The ban may be revoked if the foreigner has carried out the obligation to return or his or her re-entry is justified by circumstances, in particular humanitarian ones, or where he or she has used voluntary return assistance (Article 334). The ban is not revoked if the foreigner poses a threat to security, has not paid the costs of return and – except for humanitarian reasons – where the ban was imposed within 2 years after an earlier revocation or half of the ban period has not elapsed. A ruling on such a request may be appealed within 7 days (Article 321).
List of foreigners whose stay is undesirable
A return decision with an entry ban in principle leads to the foreigner’s entry in the list of undesirable foreigners (Article 435 et seq.). No entry is made, among others, in respect of spouses of Polish citizens, minors, holders of a permanent residence permit or EU long-term resident permit, and persons whose ban has been revoked (Article 436). The entry is made by the Head of the Office for Foreigners (Article 440). A separate decision on refusal of entry to the Schengen area is regulated by Article 440a.
Checklist
- date and method of service of the decision – the 7 days run from it,
- the ground under Article 302(1) and whether it really exists,
- whether a case under Article 303(1) or Article 330 applies,
- length of the ban and the reasons given for it,
- request to waive the ban (Article 318(1a)–(1d)),
- evidence: family, health, work and residence documents,
- request to suspend enforcement of the decision,
- complaint to the administrative court within 30 days,
- request for revocation of the ban once the decision is final.
Frequently asked questions
How long do I have to appeal against a return decision? 7 days from service of the decision (Article 321 of the Act on Foreigners).
Who is the appeal addressed to? The Commander-in-Chief of the Border Guard; decisions are issued by the commander of a Border Guard division or post.
Does an appeal stop my departure? Not always; the time limit for voluntary departure and the possibility of suspending enforcement depend on the circumstances (Article 315; Article 61 of the Law on Proceedings before Administrative Courts).
Does an entry ban to Poland apply in the whole Schengen area? Yes, Article 318(1) provides for a ban on entry to Poland and to the Schengen States.
Can the ban be shortened? You can apply for its revocation under Article 320, in particular on humanitarian grounds.
This article is for information purposes only and contains general information as of the legal status on 28 October 2026. It does not constitute legal advice or a legal opinion in an individual case. Time limits are very short – in a case concerning a return decision, contact a lawyer as soon as possible after it has been served.