LIST OF UNDESIRABLE PERSONS AND ‘SIS’ - CRIMINAL CASE

If you have been arrested, charged and subsequently convicted on behalf of the Republic of Poland, your data will be entered on the list of undesirable persons and in the Schengen Information System for the purpose of refusing entry and stay in the territory of the Schengen States.

Pursuant to Article 435 of the Aliens Act, your data will be included in the above-mentioned list if you have been convicted of an intentional crime or a fiscal offence in the Republic of Poland by a final judgment.

Pursuant to Article 101 in conjunction with Article 100 of the Aliens Act, if you hold a temporary residence permit, the Governor with jurisdiction over the case initiates ex officio proceedings to revoke your temporary residence permit as a result of your data being entered on the list of undesirable persons or the SIS.

What does this mean in practice?

If you have lost control of your affairs, i.e. you have changed your address of residence and you have not notified the relevant authorities, then:

1. your temporary residence permit will be revoked, i.e. you will be staying in Poland illegally,
2. if you attempt to cross the border in the direction of entry, a decision will be issued refusing you entry into the Republic of Poland,
3. if the legality of your stay on the territory of the Republic of Poland is checked, you will be apprehended and return proceedings will be initiated
4. if you have been sentenced to a fine which you have not paid or to a penalty of restriction of liberty, the Court may commute the aforementioned penalties to imprisonment.

Thus, while staying in Poland, you may be detained, a return obligation procedure will be initiated against you, then you may be transferred to the relevant Penitentiary Institution to serve your sentence.

This is the situation in which a client of the Law Firm found himself, who asked for legal assistance in due time. What did we do? We helped him to stay in Poland legally and showed him the way which would enable him to stay in Poland in a way compliant with the Polish law and correct his mistake:

1. we took cognisance of the criminal case, as a result of which the Client paid the fine and subsequently, as a result of the Law Firm's actions, the proceedings for the conversion of the fine into a prison sentence were discontinued,
2. in the meantime, a decision was issued against the Client to revoke the temporary residence permit, which was successfully challenged.
3. an application has been made to remove the data from the list of undesirable persons and the SIS.
4. after obtaining the relevant certificates and information, the Mazovian Governor revoked the issued decision on withdrawal of the temporary residence permit.

Consequently, the client may still stay in Poland legally, his/her data is not on the list of undesirable persons and his/her further stay in Poland is not at risk of deportation.

Feel free to contact me at +48722751747 should you have any further questions on the subject described or a similar situation.