Controlling the legality of residence - what is worth knowing?

A control of the legality of stay is a procedure conducted by the Border Guard, the Police or officers of the Office for Foreigners for each foreigner staying in Poland. It may take place in various situations and places, therefore knowing one's rights and obligations is extremely important. Many foreigners wonder how best to prepare for such an inspection.

Where can the inspection take place?

Checks on the legality of residency most often take place on city streets (especially in city centres and around railway stations), at the place of residence or work, during routine roadside checks and at the border. Officers may also carry out checks on public transport or during mass events.

The powers of the controllers are broad, but limited by law. They may demand to see documents, ask questions about the purpose and conditions of the stay and, in justified cases, carry out a check of luggage or vehicle. The check may be carried out without prior notice.

How to prepare for an inspection?

Above all, you should always carry current and valid residence permits and other documents proving the purpose and legality of your stay. The basic documents are:

• Passport or other valid travel document with a legible photograph and details,
• Current residence permit (residence card, temporary residence permit, permanent residence permit, etc.),
• Visa, if required for nationals of the country,
• Documents confirming the purpose of stay (e.g. employment contract, invitation letter, proof of study).

In addition, it is worth carrying with you:

• Documentary proof of health or travel insurance,
• Financial documents (e.g. bank statement, cash),
• Return ticket, if applicable for a temporary stay,
• Documents confirming the place of accommodation.

Rights and consequences during inspections

In the course of an inspection, you have the right to:

• Requests for an officer to produce an official ID card,
• Obtain information on the purpose of the inspection,
• Contacting a lawyer in case of detention,
• Translation into the language you speak.

Failure to carry documents can result in a fine of up to £5,000. A finding of illegal residence can lead to a decision to oblige the person to return to their country of origin. In the case of serious violations, such as working without a permit or using false documents, detention of up to 48 hours is possible.

Proper conduct during inspections

During the inspection:

• Remain calm and do not show aggression,
• Cooperate with officers by showing documents when requested and answering questions,
• Do not give false information,
• If you do not understand the questions, calmly ask for clarification or an interpreter,
• Be mindful of your rights, but don't hinder control.

Special situations requiring attention

• Applicants for international protection have special rights and procedures,
• EU citizens and their family members are subject to different rules,
• Students should carry additional documents confirming their studies at a Polish university.

Preventive action - how to ensure legality of residence?

• Regularly check the validity of all documents,
• Update your details with the office if your address changes,
• Renew residence permits in a timely manner,
• Maintain legal status throughout your stay,
• Always carry original documents with you.

Good preparation for the legality check helps to avoid unpleasantness and legal consequences and allows you to go through the procedure smoothly and calmly.