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Cancellation of the ban of repeated entry into Poland

What if a foreigner, who has attempted to obtain a permit for temporary residence and work, despite of denial, obtained from the Foreigners Authority, stays at the territory of Poland illegally. After a certain period of time he returns in a country of origin and marries a Polish citizen there. Will 5 year travel ban in European countries be void because of his wife? I&rsquom sending you a scan copy of a resolution received on December 1st, 2016.

First of all it should be noted that the resolution sent is not the resolution issued by the Foreigners Authority, but the one issued by the Governor of Mazowiecki Province. This is very important because the Governor Mazowiecki is a body of first instance, which is reviewing applications for a temporary residence permit in Poland.

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A foreigner may submit an appeal within 14 days after the objective resolution to the Chief of the Foreigners Authority through the mediation of the Governor of Mazowiecki Province. The foreigner should claim violation of procedural rules in his address and should require additional proceedings, in which he will demonstrate that he meets requirements specified in the Foreigners Law allowing provision a temporary residence permit in order to carry out work to you.&nbsp

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If the decision was received on December 1st, 2016, then you should submit the appeal objective resolutions no later than today, e.g. December 15th, 2016 to make your stay legitimate.

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However, the negative resolution does not entail the obligation to leave the country. If your spouse will stay in Poland illegally, a further resolution will be definitely issued concerning his voluntary departure from Poland with an indication of a deadline.

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If this deadline is complied with, it will be possible to submit an application for repealing of the ban on re-entry. Because, in accordance with Article 320 of the Foreigners Law the authority which issued the resolution, containing the definition of the ban on re-entry into the territory of the Republic of Poland or the states of the Schengen area, may repeal the ban at the request of the foreigner, if the foreigner proves that: 1) he has met the requirements of the resolution on expulsion, the resolution on obligation to leave the territory of the Republic of Poland or any other resolution which has requirement concerning the ban on re-entry into the territory of the Republic of Poland or into the territory of the Republic of Poland and the countries of the Schengen zone, or 2) the re-entry into the territory of the Republic of Poland or the territory of the Schengen states can take place where warranted, particularly for humanitarian reasons.

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I think you should appeal against the resolution and avoid situation when residence of your partner will become illegal. You may trust our company to deal with this case the cost will be 3000 zlotys. A half of the amount should be paid in advance and another half after successful decision on the matter.