What a return decision actually is
In current Polish immigration law, "deportation" as a stand-alone act has largely been replaced by the decyzja o zobowiązaniu cudzoziemca do powrotu — a "decision obliging a foreigner to return". It is issued by the Border Guard (Straż Graniczna) and requires you to leave Poland, usually within 15 to 30 days, and often bans you from re-entering Poland and the Schengen area for a set period.
A return decision is not the same as a refusal of a residence card. A TRC refusal is a decision by the Voivode about your permit — you appeal it as described in our appeal a negative decision service. A return decision is the Border Guard telling you to leave Poland altogether; it is more serious and follows different rules.
Common grounds for a return decision
- Overstaying a visa or residence permit.
- Working without a valid work permit or on the wrong legal basis.
- Failing to leave Poland after a residence card refusal.
- Being found in Poland without any legal basis to stay.
- Certain criminal or public-order findings.
- Providing false information in a prior residence procedure.
The appeal deadline — very short
A return decision can be appealed to the Head of the Office for Foreigners (Szef Urzędu do Spraw Cudzoziemców) within 14 days from delivery of the decision. This is not a soft deadline. Missed by even one day, the decision becomes final and enforceable, and reopening the case becomes far harder.
If you have just received a return decision, the single most important action is to note the delivery date on the envelope or record of service, and contact us the same day.
Grounds we typically raise in the appeal
- The Border Guard misread your immigration status — for example, an open TRC procedure preserving legal stay.
- The decision ignored family ties in Poland (spouse, children, integrated life) that require a proportionality analysis.
- Country-of-origin risks that trigger the prohibition of return (non-refoulement).
- Procedural defects — insufficient reasoning, no proper hearing, missing evidence review.
- Incorrect calculation or excessive length of the entry ban.
Entry ban consequences
A return decision usually comes bundled with an entry ban — commonly 6 months to 5 years, in serious cases longer. Because Poland is in the Schengen area, the ban is recorded in the Schengen Information System (SIS) and blocks entry to most of the EU during that period. Reducing or removing this ban is one of the core objectives of the appeal.
Our process
- Immediate file review. Within 24–48 hours we read the decision, the case file where available, and confirm the deadline.
- Strategy call. We tell you honestly what the strongest arguments are, and what outcomes are realistic — cancellation, remittal, or ban reduction.
- Appeal drafting. A written appeal is prepared in Polish, filed through the same Border Guard unit that issued the decision.
- Follow-up. We handle every subsequent request from the authorities and, if needed, take the case to the administrative court.
- Regularisation. Where possible, we run a parallel plan to regularise your stay — a fresh residence application on a workable basis.
Voluntary return, forced return and detention
A return decision may permit voluntary return within a set period. In more serious cases, the Border Guard can move directly to forced return and, in some situations, apply for guarded-centre placement. If you or a family member is already in a guarded centre, tell us at the first call — the legal strategy differs, and the timelines are even tighter.
Do not wait. If you have received any letter from the Border Guard mentioning return, obligation to leave, or an entry ban, contact us today.