Staying in Poland without a valid residence document or visa, known as an illegal stay, is a situation that can lead to very serious legal consequences. Many foreigners are unaware of the gravity of the situation or fall into it through oversight or lack of knowledge about the regulations. In this article, we explain when a stay becomes illegal, what the consequences are, and – most importantly – how you can avoid these problems.
Introduction: legal stay – The foundation of a peaceful life in Poland
Having a regulated legal status is the basis for safe and peaceful functioning in any country, including Poland. It provides not only a sense of stability but also access to legal work, education, and healthcare. Knowingly or unknowingly violating residence regulations can trigger an avalanche of problems that will affect your future not only in Poland but throughout the Schengen Area.
When does your stay become illegal? The most common situations
According to the Polish Act on Foreigners, your stay in the territory of Poland is illegal if:
- You entered Poland illegally: E.g., crossing the border at an unauthorized point, using forged documents.
- You exceeded the permitted period of stay:
- You stayed in Poland longer than your visa allowed.
- You stayed in Poland longer than the permitted 90 days within any 180-day period under the visa-free regime (the 90/180 Schengen rule).
- Your temporary residence permit expired, and you did not apply for a new permit on time (i.e., no later than the last day of your legal stay), or your application was left without consideration.
- You remained in Poland after receiving a final negative decision: E.g., refusal to grant a residence permit, refusal to extend a visa, refusal of international protection – and you did not leave the territory of Poland within the specified deadline (usually 30 days from the date the decision became final).
- You are working or conducting business activity contrary to regulations: While primarily a violation of employment laws, it can also indicate that the actual purpose of stay differs from the declared one, affecting the legality of stay.
- Your purpose of stay ceased or became different from the declared one, and you did not legalize your stay on the new basis.
Serious consequences of illegal stay – What are the risks?
The consequences of being found to be staying illegally by the Border Guard are severe:
Decision on Obligation to Return (Deportation)
- This is a formal administrative decision ordering the foreigner to leave the territory of Poland. It usually specifies a period for voluntary departure (from 15 to 30 days). Failure to comply leads to forced removal.
Entry Ban for Poland and the Schengen Area
- The return decision almost always includes an entry ban, prohibiting re-entry into the territory of Poland and other Schengen Area countries.
- The duration of the entry ban is typically from 6 months to 5 years, depending on the circumstances (in extreme cases, e.g., security threats, it can be longer).
- Your data will be entered into the Schengen Information System (SIS), effectively preventing legal entry into the zone during the ban period.
Detention and Placement in a Guarded Centre
- In some situations (e.g., risk of absconding, lack of identity documents), the Border Guard can detain a foreigner staying illegally.
- A court may decide to place the foreigner in a guarded centre for foreigners for the time necessary to carry out the return procedure (deportation).
Fines and Future Problems
- A fine (grzywna) may be imposed on the foreigner for illegal stay.
- A history of illegal stay and an entry ban significantly hinder or prevent future attempts to obtain visas or residence permits in Poland and other Schengen countries.
How to avoid illegal stay? Key prevention principles
The best approach is prevention. Remember these few rules:
Monitor Document Validity Dates!
- Regularly check the expiry date of your visa or residence card. Mark it in your calendar, set a reminder.
Apply On Time!
- If you want to extend your stay, submit an application for the next residence permit no later than the last day of your legal stay. Only then will you receive a stamp in your passport that protects your legal stay while awaiting the decision.
Understand and Comply with Stay Rules (90/180, Purpose, Work)
- Accurately calculate your visa-free stay days in the Schengen Area (90/180 rule).
- Ensure you have the legal right to work if you are employed.
- Reside in Poland according to the purpose declared in your visa/residence application. If the purpose changes, apply for the appropriate permit.
React to Administrative Decisions
- If you receive a final negative decision regarding your stay, leave Poland within the specified deadline. Voluntary departure is always a better option than forced removal and often results in a shorter entry ban.
Act Before Problems Arise – Legal Consultation
- If you have any doubts about your status, deadlines, or rules for calculating stay – consult a lawyer specializing in immigration law BEFORE your stay becomes illegal.
Already staying illegally? The situation is serious
If you are reading this and your stay is already illegal, you must know that the situation is very serious, and the options to rectify it are very limited.
- Legalizing your stay from within Poland is generally impossible, except in very specific, strictly defined humanitarian circumstances (e.g., real risk to life in the country of origin, victim of human trafficking). This should not be relied upon as a standard solution.
- Consider voluntary return: Sometimes reporting to the Border Guard and declaring intent to return voluntarily may be a better option than waiting to be apprehended and forcibly removed.
- Contact a lawyer IMMEDIATELY: Only a specialist can assess your individual situation, explain the risks, and outline any possible, even minimal, courses of action (e.g., assistance with the voluntary return procedure, checking grounds for a potential application for stay on humanitarian grounds).
Anna’s story: miscalculating days, painful consequences
Anna, traveling visa-free, thought the 90-day limit applied separately to each Schengen country. After spending 80 days in Germany, she came to Poland planning to stay another 2 months. During a routine check, the Border Guard discovered she had exceeded the allowed Schengen limit. She received a return decision and a 6-month entry ban for the Schengen Area, disrupting her plans and creating a negative immigration record.
Summary: legal stay is your obligation and your security
Maintaining a legal residence status in Poland is in your best interest. The consequences of illegal stay are too serious to risk. Be responsible, keep track of deadlines, comply with regulations, and if in doubt – do not hesitate to seek professional legal help.
Facing issues with your residence status? Is your visa or permit about to expire? Have you received a return decision? Don’t wait until the situation becomes critical. Contact our law firm. We offer consultations and legal assistance for foreigners in Poland.
