Shorter, 7-day deadline for appealing certain decisions of the Border Guard Commander-in-Chief; changes in deadlines for stays in Poland | PRO HR Apriil 2023
2023.04.25
As of April 7, there is a shorter, 7-day deadline for appealing against decisions of the Border Guard Commander-in-Chief regarding:
- issuance and revocation of a permit for tolerated stay or stay for humanitarian reasons, as well as documents related to this type of stay;
- decisions to expel and oblige a foreigner to return, the deadline for voluntary departure and the ban on re-entry.
The following periods have been increased:
- the deadline for voluntary departure - from 15 to 30 days to 8 to 30 days:
- the maximum period of the ban on re-entry - from 5 to 10 years, with the possibility of extension for another 5 years;
- the maximum length of a foreigner's stay in detention - from 12 to 18 months.
At the same time, the regulation extending the time limit for obliging a foreigner to return (and in some other cases) is repealed in the case of appealing the decision to the court and filing a request to suspend the execution of the decision.
In addition, the act extends the possibility of issuing a Polish travel document to, among others, foreigners who have a temporary residence permit, satisfy the given conditions and have a specified citizenship.
A regulation will also expand the catalogue of acceptable certificates confirming the knowledge of the Polish language, necessary in the procedure for obtaining a residence permit for a long-term EU resident.
The amendment also refers to the so-called Special Ukrainian Act by allowing Ukrainian citizens to download, store and present an electronic document in the mObywatel app containing the child's data, if the PESEL of the legal guardian is included with it.
Find more in the PRO HR April 2023