Received a Deportation Order: What to Do and Whether You Can Stay in Poland?
Receiving an official act called a Decyzja o zobowiązaniu do powrotu (a decision obliging a foreigner to return) is an extremely stressful moment for any foreigner in Poland. The document essentially means the beginning of the deportation procedure, imposes a ban on entry into the Schengen Area for a period ranging from 6 months to 5 years, and requires the person to leave the country within a strictly specified time limit (usually from 15 to 30 days).
However, receiving such a document is not a final verdict, but merely the end of the first administrative stage. The Act on Foreigners (Ustawa o cudzoziemcach) provides legal mechanisms that allow you to challenge the authority's decision and legally remain in Poland for the duration of the court proceedings.
Why Contacting a Lawyer Is the First and Most Critical Step
When you receive a deportation decision, every day begins to count. The most dangerous and common mistake is attempting to resolve the matter independently, relying on advice from online forums, or doing nothing in the hope that “everything will somehow work itself out.”
It is extremely important to contact a specialized lawyer or immigration attorney as soon as possible. Any incorrect action, missed procedural deadline, or improper wording of the arguments in an appeal may permanently deprive you of the chance to legalize your stay and lead to immediate removal from the country.
Professional Legal Assistance Is Necessary for Several Reasons:
· A lawyer will promptly examine the case materials and identify procedural violations committed by the Border Guard (Straż Graniczna) or the Voivode.
· Attempting to file a standard appeal without a motion to suspend the enforcement of the decision does not protect you from deportation. An inexperienced person simply will not have enough time to use all available legal mechanisms.
· A complaint to the Voivodeship Administrative Court (WSA) must comply with the strict formal requirements of the Code of Administrative Procedure and the Law on Proceedings Before Administrative Courts. An error in the form may result in the document being returned without consideration.
Stages of the Appeal: From the Chief Commander to the Court (WSA)
The procedure for challenging a deportation decision consists of two key levels:
1. Administrative Appeal (First Instance)
If the decision was issued by the commander of a Border Guard unit, the first instance for filing an appeal is the Chief Commander of the Border Guard (Komendant Główny Straży Granicznej).
· Deadline: The appeal must be filed within 14 days from the date the decision is served.
· Effect: Filing an appeal within this period automatically suspends the enforcement of the deportation decision. You remain legally in the country until a decision is issued by the second-instance authority.
2. Judicial Appeal to the WSA (Second Instance)
If the Chief Commander upholds the decision of the first instance, the only means of protection is to file a complaint (Skarga) with the Voivodeship Administrative Court (Wojewódzki Sąd Administracyjny — WSA).
o Deadline: 30 days from the date the negative decision of the second-instance authority is served.
o Where to file: The complaint is filed through the authority that issued the decision (through the Chief Commander of the Border Guard) with the appropriate WSA.
o Automatic suspension: None. Filing a complaint with the court does NOT, in itself, stop the deportation.
How to Legally Stay in Poland: A Motion to Suspend Deportation
Since filing a complaint with the WSA does not automatically prevent removal, the key procedural document becomes a Wniosek o wstrzymanie wykonania decyzji (a motion to suspend the enforcement of the decision).
The motion is filed together with the main complaint. It must demonstrate to the court that the immediate enforcement of the deportation decision will result in:
- For example, the severance of family ties, the inability to care for sick family members, or the loss of a business or property.
- Risks associated with returning to the country of origin (relevant to citizens of countries where hostilities are taking place or where repression is applied).
If the court or administrative authority grants this motion, the deportation process is “frozen,” and your stay in Poland is considered legal until the WSA issues its final decision.
Step-by-Step Instructions for Receiving a Decyzja o zobowiązaniu do powrotu
1. Record the Date of Service:
Critically important for calculating the deadlines.
Write down the exact date and time when you signed for receipt of the decision. The 14-day or 30-day period begins to run from that date.
2. Contact a Lawyer Urgently:
Within 24–48 hours.
Provide the lawyer with the full text of the decision and all accompanying documents (interview records, copies of visas, residence cards, employment contracts).
3. Prepare and File the Complaint with the Motion:
Comply with the formal requirements.
The lawyer will prepare a complaint to the WSA and обязательно include a motion to suspend the enforcement of the decision (wstrzymanie wykonania).
4. Obtain Proof of Filing:
Protection during Border Guard checks.
Keep the registry office stamp or postal receipt (Poczta Polska, polecony) confirming that the documents were sent to the court. This serves as proof of the legality of your stay during inspections.
The main rule when receiving a removal decision is not to waste time. Qualified intervention by a lawyer at an early stage makes it possible to identify legal grounds for overturning the decision and preserving your status in Poland.
Send your request: magfin.pl
