DETENTION AND ARREST OF A FOREIGNER

WE HELP ARRESTED AND DETAINED FOREIGNERS

Are you detained due to illegal stay in Poland? Has a decision been made to place you in a guarded center or detention center?

This does not mean that the decision issued is correct, even if you are staying in Poland illegally. Our immigration lawyer will ensure that your rights are respected, and the measures used are not excessively severe. Our law firm provides assistance in matters relating to:

  • detaining a foreign national;
  • issuing a decision obliging the foreign national to return to their homeland;
  • extension of the deadline for voluntary departure;
  • waiving the implementation of the decision to oblige you to return to your homeland;
  • placement in a guarded center or arrest;
  • extension of the period of stay in a guarded center or detention center for foreign nationals;
  • release from a guarded center or arrest;
  • appealing against issued decisions and submitting an application to suspend their execution.

PLACEMENT IN A GUARDIED CENTER

We will make sure that your placement in a guarded center did not violate your rights, in particular the right to be heard and the right to an interpreter, and, above all, that the use of such a measure was necessary at all. If possible, our lawyer will apply for a waiver.

ARREST OF A FOREIGNER

The arrest of a foreign national is used only in special cases – when the foreign national has not complied with the rules of stay in the guarded center or there is a risk that they will not comply. We will check whether in your case such a decision was actually justified, and if not, we will file a complaint as soon as possible to the district court competent for the seat of the Border Guard authority.

DETENTION AND OBLIGATION TO RETURN TO HOMELAND

If you are obliged to return to your homeland, we will check whether there are grounds to stay in the country. When possible, we will apply for international protection to legalize your stay in Poland. As lawyers, we will also represent you in matters related to the extension of the deadline for leaving the country and the withdrawal of the re-entry ban.

LOOKING FOR A LAWYER IN WARSAW?

When deportation from the country is at stake, finding the right person to handle your case seems crucial. And although the Masovian Voivodeship, and even Warsaw itself, is full of lawyers, few of them have experience in handling this type of immigration cases. We, on the other hand, have been helping foreigners for more than two decades. And this means that we are experts in administrative regulations and procedures. At our office located in the Śródmieście district, we make sure that the rights of foreign nationals are respected, and we make every effort to ensure that they are able to stay in Poland. All this while being guided by principles such as integrity, flexibility, and empathy. We also know how much uncertainty and stress accompanies these types of cases, so we stay in touch with our clients, answering their questions and keeping them informed about the progress of their case. Like these principles of cooperation? If so, contact us and tell us how we can help you.

SEE THE FREQUENT QUESTIONS ABOUT A DETENTION OR AN ARREST OF FOREIGNERS

When is a foreigner subject to detention?

Detention is not related to committing a crime, but to procedures related to immigration law. It is usually used when a foreigner is staying in Poland illegally and a decision obliging them to return has been issued or there is a likelihood that such a decision will be issued. Detention is a more severe measure than being placed in a guarded centre, so it can only be used if there is a risk that the foreigner will not comply with the stay rules applicable in the guarded centre.

When can a foreigner be detained?

A foreigner may be detained for a maximum of 48 hours and only in specific cases – primarily when a decision requiring the foreigner to return may be issued or when such a decision has already been issued and the foreigner evades the obligations specified therein. Detention is also carried out for the purpose of compulsory execution of a decision on the obligation to return, or transfer of a foreigner to a third country or to another EU, EFTA or European Economic Area member state.