A foreigner entering Poland has to fulfil the legal conditions of entry. During the preliminary check, the Border Guard – as the authority responsible for border control – verifies the following:[1]
- Identity and citizenship, including verification in the database;
- The authenticity of the travel document;
- Visa or stay permit if required;
- Relevant stamps in order to check if a foreigner did not exceed the time of permitted stay on the territory of the Member States;
- The place of destination and planned stay;
- available financial resources and whether they correspond with the time and purpose of planned stay;
- Checking whether the person, transportation means or luggage constitute a threat to public order, internal security, health or international relations of any of the Member State, including verification in the SIS, Interpol and national database.
If there is a need for an additional check, the person is directed to a second-line border control.
All the elements of the preliminary check are applied systematically to all foreigners, irrespective of their country of origin, including those seeking international protection. Different rules are applicable towards: heads of states and their delegation, pilots, sailors, diplomatic passports holders, members of international organisations, transborder workers, minors, rescue teams, etc.
Generally, foreigners subject to a border check are considered under the jurisdiction of Poland. However, taking into consideration the specific conditions in which the check is conducted (including on the train, etc.), only a positive decision on entry results in enjoying all the rights and obligations related to stay on the territory of Poland. If the decision is negative, only a formal decision on refusal of entry is registered and can be appealed against. These decisions are not issued in case of every refusal.
There is no time limit within which the border check should be completed. During the border check, a foreigner should stay in the place where the control is conducted and cannot move freely until the final decision on entry is made, however this is not considered a detention regime under national law.
If a foreigner expresses a will to apply for international protection during the border check, they are directed to the second-line border control. The Border Guard is then obliged to follow the procedure set out in article 30 of the Law on Protection, which includes: collecting information needed to fill in the application form, ensuring assistance of the interpreter and medical assessment, photographing a person, informing about the rules of the proceedings, including Dublin proceedings, rights and obligations, legal aid, contact with UNHCR, reception conditions and centres (see Information for asylum seekers and access to NGOs and UNHCR).
[1] This entire section is based on answers by the Border Guard answers expressed in a letter from 7 March 2025.