Last updated: 12.02.2026
Immigration Offenses in Poland – Criminal Liability and Legal Consequences
Immigration offenses in Poland form an important part of both migration policy and criminal law enforcement. Polish legislation distinguishes between administrative violations and criminal offenses, depending on the nature and circumstances of the conduct. Issues such as illegal entry, unlawful stay, document fraud, and human trafficking are regulated under both the Criminal Code and the Act on Foreigners, as well as relevant EU legal instruments.
Understanding how Polish law classifies and penalizes immigration-related conduct is essential for foreign nationals, employers, and legal practitioners. Below, we present the key categories of immigration offenses in Poland, together with their legal consequences and applicable regulatory framework.
Illegal entry, transit, and stay in Poland
Illegal border crossing consists of crossing the border without possessing and presenting the required document (e.g., a passport, visa, or ID card) or at a location that has not been designated as an official border crossing point. It is irrelevant whether the border is crossed using any means of transport or on foot; what matters is that the designated border line is crossed without authorization.
The Polish legal system differentiates liability for illegal border crossing depending on the circumstances. A simple illegal border crossing constitutes a misdemeanor punishable by a fine under Article 49a of the Code of Misdemeanors (Journal of Laws of 2025, item 734). Attempts and aiding or abetting are also punishable in such cases.
If the perpetrator uses violence, threats, deception, or acts in cooperation with other persons, they are liable for a criminal offense under Article 264 of the Criminal Code (Journal of Laws of 2025, item 383) and are subject to a penalty of imprisonment of up to three years.
Organizing the illegal crossing of the border by other persons in violation of applicable regulations also constitutes a criminal offense and is punishable by imprisonment for a term of between six months and eight years.
Illegal residence also includes situations in which a foreigner, among other things, has exceeded the permitted period of legal stay or where the purpose of stay has become different from that originally declared, in violation of applicable regulations. If illegal residence is detected, an administrative procedure is initiated, which may result in the issuance of a decision obliging the foreigner to return, imposing a re-entry ban, and-where the circumstances so require-placing the foreigner in a guarded center for foreigners pending deportation.
Human trafficking
The definition contained in the Criminal Code (Article 115 § 22) includes three mandatory elements that must occur jointly for an act to be classified as human trafficking. These elements concern the manner, the means, and the purpose of the conduct.
Only activities expressly specified in the Criminal Code may constitute human trafficking. These include
- recruiting,
- transporting,
- delivering,
- transferring,
- harboring,
- or receiving persons.
Such activities must be carried out by means of violence, deception, or misrepresentation and for the purpose of exploitation, for example in prostitution, forced labor, or begging.
The above-mentioned elements do not have to occur jointly in cases involving child trafficking. Human trafficking is punishable by imprisonment for a term of between three and twenty years, while preparation to commit this offense is punishable by imprisonment ranging from three months to five years.
There are a number of regulations aimed not only at combating human trafficking but also at protecting and supporting its victims, for example through the issuance of special residence permits for victims cooperating with law enforcement authorities (Directive 2004/81/EC) or by granting so-called “reflection time.” This consists of issuing a certificate legalizing residence for a period of three months (or four months in the case of minors), as regulated in Chapter 9 of the Act of 12 December 2013 on Foreigners (Journal of Laws of 2025, item 1079, as amended).
Visa and document offences
Falsifying documents entitling a person to enter and stay in the territory of the Republic of Poland (including visas and residence cards), as well as using such falsified documents, is punishable by imprisonment for a term of between three months and five years.
It is also a criminal offense to make false statements in proceedings concerning the granting of a residence permit or visa, punishable by imprisonment for up to three years.
New Pact on Migration and Asylum
In 2024, the European Union adopted the New Pact on Migration and Asylum, which is scheduled to enter into force in 2026. Its objective is to establish a more coherent and effective migration management framework, including fair burden-sharing, a harmonised asylum system, and increased investment in protecting the EU’s external borders.
The new rules are also intended to streamline asylum and return procedures, potentially shaping future criminal regulations in the field of migration.
Summary
Immigration offenses in Poland may result in administrative consequences, such as return decisions and re-entry bans, or in criminal liability, including fines and imprisonment. The classification of conduct depends on specific circumstances, including the manner of entry, the duration of stay, and the use of fraudulent documents.
Recent legislative developments, including the New Pact on Migration and Asylum, indicate that migration control and return procedures will remain a priority at both national and EU levels. Given the potential legal and personal consequences, individuals facing allegations related to immigration offenses should seek professional legal advice to assess their situation and determine the appropriate course of action.
