It may be very hard for you if you have been obligated to leave Poland and return to your home country. Especially since this kind of legal decision comes together with a temporary ban on re-entering Poland. However, you should remember that you can cancel that ban long before it’s end date!
When is it possible?
The first thing to consider is how much time has passed since the decision regarding the ban was made. You can only cancel the ban if at least half of it’s time has passed.
You must submit an application to the authority that issued the ban (Komendant Straży Graniczej).
In this application you must prove that either:
- you have completed your duties stated in the return decision (you left Poland within given deadline), or
- there are justified circumstances for your re-entry, especially for humanitarian reasons, or
- you have been granted so called “help with a voluntary return” by Szef Urzędu do Spraw Cudzoziemców or International Organization for Migration.
You must have a proxy in Poland
In your application you have to appoint a proxy in Poland (e.g. attorney-at-law). Your proxy will receive a response in the case and conduct the proceeding.
An attorney can also file this application for you.
When you cannot cancel the ban?
The ban will not be cancelled if:
- your entry or stay in Poland can pose danger to security of the state,
- you didn’t pay the costs related to the issue and execution of the return decision, if you were obligated to pay that costs,
- the ban was made after giving you a decision about revoking the ban and 2 years have not passed since this decision,
- half of the period for which the ban has been ordered has not yet expired.
An important thing to remember is that there are no other ways of cancelling the ban.
Remember that even if you managed to get a new visa from Polish Consule, you still cannon enter Poland while the ban is valid. The fact that the visa was issued does not show that the ban was annuled.