An entry ban (zakaz wjazdu) is most often imposed in the same decision that obliges a foreigner to return. Its effect is long-lasting: it prevents legal entry, blocks the issuing of a visa and a residence permit, and in practice interrupts a professional and family life built in Poland over the years. That is why the entry ban should be treated as a separate object of defence — even when the return obligation itself is not being contested.
Entry ban vs. SIS alert — two different things
The entry ban is an element of an administrative ruling issued by a Polish authority. The Schengen Information System (SIS) alert is a technical consequence of that ruling — an entry in a European database accessible to the border, police and consular services of the member states. Lifting the ban should lead to removal of the alert, but in practice this has to be followed up with a separate application.
What determines the length of the ban
- the grounds for the return decision — different length for residence without a legal basis, different for security-related grounds,
- whether the foreigner voluntarily left the territory within the set deadline,
- earlier return decisions and residence history,
- using false documents or data,
- family situation and ties with Poland — a mitigating circumstance the authority is obliged to consider.
Paths of action
1. Appeal against the decision containing the ban
If the decision is not yet final, we challenge the ban in the appeal — both on principle and as to its length. The argumentation is based on the principle of proportionality and on the protection of family and private life.
2. Request to lift or shorten the ban
Once the decision is final, a request to lift the entry ban is filed. We most often rely on voluntary compliance with the return obligation within the deadline, a change in family circumstances, marriage to a Polish or EU citizen, the need to care for a child, or professional reasons.
3. Request to remove or correct a SIS alert
A person whose data are processed in SIS has the right to access information about the alert and the right to request correction of incorrect data and removal of data processed without a proper legal basis. The request is addressed to the authority of the state that entered the alert.
4. Permission to enter in a particularly justified case
In exceptional situations — the funeral of a close relative, a serious illness of a family member, a mandatory court appearance — it is possible to apply for one-off permission to enter despite an entry ban in force.
How we help
We establish the exact basis and scope of the ban, verify whether a SIS alert exists, choose the right path — appeal or application — and carry the proceedings through to the end, including a complaint to the administrative court. Where the matter is linked to ongoing return proceedings, we run it in parallel with the appeal against the return decision.