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Polish citizenship guide

 
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Protection against deportation

The general rule is that: the longer a given person resides in a given Member State (accepting state) and the more he/she is integrated with the local community, the smaller are the chances of his/her deportation.

In the case of EU citizens and members of their family who have resided within the territory of a Member State for a period shorter than three months, a Member State can decide to deport on the grounds of public safety, public order or public health threat. The deportation can result from the specific behaviour of a given person which constitutes a real and serious threat to the society of an accepting state. Therefore, deportation cannot be based on the grounds that the nation or community a given person originates from has an unfavourable reputation in the accepting state.

Persons residing in an accepting state for a period shorter than three months can also be expelled when they become an unacceptable burden on the welfare system of the state. This reason, however, cannot be grounds for deportation in the case of hired workers, persons who are self-employed or those looking for employment, providing they can prove that they have a legitimate chance of finding one.

Deportation based on the grounds of a public health threat cannot occur if the disease appeared later than three months after the arrival of the EU citizen or their family member in the accepting state.

If an EU citizen or member of his/her family holds the right of permanent residence, he/she can only be expelled on the grounds of a serious threat to public safety or order.

In the case of an EU citizen who has resided in a Member State for at least ten years it is possible to decide to deport only on the grounds of a major threat to public security.

In any case of a deportation decision, the EU citizen has to be informed in a manner comprehensible to him/her about the grounds of the deportation and his/her option to appeal. The deportation decision has to be delivered to the citizen in written form.

After the deportation decision has been issued, the EU citizen is entitled to at least a month-long period to leave the accepting state, unless it is urgent. The deported person cannot apply for permission to re-enter the territory of the Member State he/she has been expelled from within three years of deportation.