Appeal the decisionTemporary residence

Cancellation of re-entry ban

If alien applied for a temporary residence and work permit had got the refusal but stayed in Poland. In some time he will back to his motherland- Brazil and will get marriage to a polish citizen. Can his 5 years re-entry-ban be cancelled because of his wife? I send the copy of decision delivered on 1st of December 2016

First of all it should be noticed that sent decision is not of the Office for Foreigners but the Regional Governor. This fact is important because Regional Governor is organ of the 1st instance, who considers the application for a temporary residence permit in Poland.
Foreigner has the right to appeal the decision within 14 days to the Head of the Office for Foreigners by the Governor Mazowian. In appeal foreigner must adduce evidence of violation rules of administrative procedure and submit request for executing evidentiary proceedings, in which your partner will approve that he meets the requirements of the Law on Foreigners for granting temporary residence and work permit.&nbsp
If the decision has been delivered on 1st of December, you have the right to appeal this decision at the latest term today on 15th of December 2016 to make your partner&rsquos stay in Poland legal.
While a negative decision does not automatically lead to issue a decision which to leave the country. If your partner will stay in Poland illegally he will get such decision for sure with the terms for voluntary leaving the country.
If the term has been saved your partner would be able to submit for cancelling re-entry ban.
According to art. 320 of Law on Foreigners the authority which issued a decision obliging the foreigner to return, at the alien&rsquos request can cancel prohibition, if the foreigner will approve he performed the obligations arising from the decision obliging the him to return to motherland, or his re-enter to the Polish Republic or other Schengen states has reasonable circumstances, especially for humanitarian reasons.
To my mind it is worth to appeal the decision, and prevent a situation when your partner&rsquos stay in Poland will become illegal. Our firm can lead this case for the cost of 3000 zł. The half can be paid beforehand, the half after successful completing the case.

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