Yes, if a foreigner has been issued with a decision obliging him to return together with the ban on re-entry to the territory of the Republic of Poland or a re-entry on the territory of the Republic of Poland and other countries of the Schengen area, you will be able to request the withdrawal of the ban on re-entry, if you fulfil the conditions set out in the polish Act on Foreigners.
In order for the authority to withdraw the ban on re-entry imposed by way of an administrative decision, it will first of all be necessary to prove that the foreigner has left the territory of the Republic of Poland.
The other conditions that the foreigner must fulfil to apply for withdrawal of the ban on re-entry to the territory of the Republic of Poland include:
a) the foreigner must show that his/her re-entry into the territory of the Republic of Poland or other Schengen States is to take place due to justified circumstances,
b) the foreigner must not constitute a threat to the defence or security of the Republic of Poland or to the protection of public security and order,
c) half of the period for which the ban on re-entry was issued to the foreigner must have passed.
The last mentioned prerequisite is crucial for the possibility to withdraw the decision on the re-entry ban. The authority will not be able to withdraw the ban on re-entry imposed on the foreigner without the expiry of half of the period for which the ban on re-entry was issued.
A written application to withdraw the ban on re-entry should be submitted directly to the authority that issued the ban. In order to submit the above mentioned application it is also necessary to appoint a proxy on the territory of the Republic of Poland. This is due to the fact that the foreigner had to leave the territory of Poland in order to successfully apply for withdrawal of the ban on re-entry. The proxy established by the foreigner will be able to pay for the application on behalf of the foreigner, as well as to receive the response from the authority. Without appointing a proxy on the territory of the Republic of Poland, the authority will not consider the foreigner’s application for withdraw the ban on re-entry.
All conditions that must be fulfilled by a foreigner in order for the authority to withdraw the ban on re-entry imposed on the foreigner on the territory of the Republic of Poland or on the territory of the Republic of Poland and other Schengen States are set out in Article 320 of the Act on Foreigners of 12 December 2013.
As a law firm specialising in legal services for foreigners, we provide support on the above-mentioned issue.
