How Immigration Detention Works in Poland
Immigration detention in Poland means that authorities deprive a foreign national of liberty during an immigration procedure. For example, they may hold the person in a guarded centre during return or international protection proceedings. However, immigration detention is not, by itself, a criminal conviction.
The essential questions are: What legal ground justifies detention, how long does the current order authorize it, and can a less restrictive measure work? Knowing those answers is more useful than assuming that everyone in the same facility has the same case.
This guide explains placement, detention periods, centre locations, daily restrictions and possibilities for release. It also shows relatives how to organize information that can help someone assess the case.
What is a guarded centre for foreigners?
A strzeżony ośrodek dla cudzoziemców is a closed facility administered by the Polish Border Guard. People held there cannot leave freely. An areszt dla cudzoziemców is a more restrictive immigration facility.
These facilities are different from open reception centres providing accommodation for international protection applicants. Receiving accommodation and social assistance does not automatically mean that someone has been placed in detention.
Check the formal name on the paperwork. A message saying that someone is “in a centre” is not enough to identify their legal situation.
Why can a foreigner be placed in immigration detention?
In return proceedings, detention must serve preparation of return or removal, with individual justification and consideration of effective, less restrictive measures. Risk of absconding or obstruction of return can be relevant. eur-lex.europa.eu
International protection cases have separate grounds, including identity verification, obtaining specified information and security considerations. An application for protection alone does not justify detention. Gov.pl website
The practical test is not simply whether an immigration problem exists. Identify the reason stated in the order and the facts relied upon.
For example, if the concern is that a person will disappear, documented accommodation and a workable reporting arrangement may be relevant. If the concern is identity, available identity records may address a different issue. Neither automatically resolves the case.
Who orders placement, and what documents matter?
In the Polish procedures described here, the Border Guard applies for placement and the court decides after hearing the foreign national. The court must consider alternatives. isap.sejm.gov.pl
Obtain the complete order, its reasons and its instructions about challenging it. Keep the envelope, receipt or other evidence showing when it was served.
Several documents can concern one person:
| Document | What it concerns | What to record |
|---|---|---|
| Detention order | Placement in the facility | Court, grounds, period and challenge instructions |
| Extension order | Continued detention | New expiry date and reasons |
| Return decision | Obligation to leave or return | Authority, obligations and appeal instructions |
| Protection documents | International protection proceedings | Application date, reference and decisions |
A detention challenge and an appeal against a return decision address different issues. Do not assume that dealing with one document automatically deals with the others.
Where are the guarded centres in Poland?
The main guarded centres identified in Border Guard information are in Biała Podlaska, Białystok, Kętrzyn, Krosno Odrzańskie, Lesznowola and Przemyśl.
For families, the important point is the exact facility where the person is currently held. Confirm the location before travelling or sending documents.
There is a useful geographic distinction near Warsaw: the centre known as Lesznowola is listed by the Border Guard at Lisówek 21, 05-600 Grójec. Do not confuse it with another locality bearing the same name.
Facility profiles and operational arrangements can change. Check the responsible Border Guard unit’s information and confirm arrangements directly.
How long can detention last?
The period depends on the legal basis. An initial order, a later extension and a statutory maximum are different things.
| Procedure | Initial placement | Longer detention |
|---|---|---|
| Placement under Article 403 of the Act on Foreigners | Up to three months | Requires the applicable extension grounds |
| International protection proceedings | Generally up to 60 days initially | Separate extension rules; the relevant national provisions set a six-month ceiling |
| Return detention | The current order controls the authorized period | EU rules provide a six-month limit, potentially extended by up to twelve additional months under specified conditions |
The protection periods are described in the Office for Foreigners’ applicant guidance. The return ceiling and exceptional extensions appear in Article 15 of the Return Directive. Gov.pl website
A maximum period is not a standard sentence. It does not mean that authorities can automatically hold everyone for that long.
Make a timeline containing the first detention date, each order, each expiry date and any change in proceedings. If an international protection application was made during existing detention, separate rules may affect the calculation. Avoid adding different statutory limits together without checking how the periods are counted.
What happens during a stay in a guarded centre?
Detention restricts movement and daily choices. The facility operates organized routines, and access to devices, visits and belongings is controlled. However, that does not mean all contact with the outside world is prohibited.
Visits
Visitors may need prior authorization and identification. Check the actual centre’s requirements before booking transport.
For example, the Border Guard’s Lesznowola information requires a visiting application and an identity document. Its published arrangements generally limit a visit to 90 minutes. These are facility-specific arrangements, not a universal visiting timetable.
Calls and devices
Do not assume that an ordinary smartphone will be permitted. The published Lesznowola parcel rules allow mobile phones without image-recording or internet functions. Białystok’s official information describes loan phones for people with SIM cards.
Before sending a device, ask which functions are allowed and what communication options are available.
Parcels and medication
Permitted items differ between centres. Lesznowola lists certain packaged foods, whereas Kętrzyn’s published parcel restrictions exclude food.
Confirm the current list, packaging requirements and recipient details before sending anything. For medication, provide the name, dosage and existing prescription to medical staff and check the centre’s procedure.
What safeguards apply to health conditions and children?
Health and vulnerability require individual assessment. Polish law excludes placement where it would endanger life or health, or where the person’s psychophysical condition supports a presumption of previous violence. Protection legislation also contains an exclusion for disability. eli.gov.pl
Prepare existing medical or psychological records and explain current symptoms. Report urgent deterioration to medical staff immediately; collecting paperwork should not delay seeking care.
Children and the 2026 change
Polish rules changed from 1 January 2026: unaccompanied international protection applicants aged 15 or older can potentially be placed in a guarded centre. This requires individual judicial assessment; it is not automatic. The Children’s Ombudsman has opposed the change.
The EU Reception Conditions Directive treats detention of minors as exceptional and makes their best interests central.
For a child’s case, document age, guardianship, health, schooling and care arrangements. An older article saying that every unaccompanied asylum applicant is exempt should not be treated as current guidance.
What alternatives to detention are available?
Alternatives can include regular reporting, a financial guarantee and residence at a specified address. Their availability depends on the procedure.
A useful proposal explains how the person will remain available:
- Accommodation: an address and evidence that they can live there.
- Contact: a reliable phone number and contact person.
- Reporting: a realistic way to attend appointments.
- Documents: available identity and immigration records.
- Support: who will help with language and administration.
These are preparation suggestions, not a universal statutory document list.
If a relative offers accommodation, provide the actual address and relevant supporting records. If an employer offers help, explain precisely what it can provide. Employment or family ties do not guarantee release.
How can immigration detention end?
Detention can end through a successful challenge, a release decision, expiry of the authorized period without a lawful extension, or execution of the relevant return or transfer. These outcomes have different consequences.
Challenging the placement or extension order: Article 403 provides seven days from service for the orders covered by that provision. Check the document’s instructions immediately.
Requesting release during detention: Article 406 addresses release when justification ends, relevant barriers arise or the prospect of executing return becomes very low. A release request addresses continuing detention; it is distinct from challenging the original order.
Connect the request to the actual issue. New medical records, changed accommodation or evidence addressing the stated grounds may matter. Simply repeating “please release the person” gives little information to assess.
After release, confirm the remaining immigration obligations, address arrangements and appointments. Release from detention should not be treated as a residence permit.
What should relatives prepare?
Create one folder containing:
- Complete detention and extension orders.
- Any return decision and protection correspondence.
- A timeline of detention, hearings and service dates.
- Available identity and residence documents.
- Accommodation, family, employment or study records.
- Medical records, prescriptions and relevant assessments.
- The facility’s details and one reliable family contact.
Label documents clearly. Distinguish confirmed facts from information that remains uncertain, and do not postpone contacting a lawyer while waiting for a perfect folder.
Understanding the next step
Start with the current order: its legal basis, reasons and expiry date. Then identify whether the issue is an urgent challenge, continuing detention grounds, an alternative arrangement or a separate immigration decision.
Lex Corporation provides immigration and residence support in Poland. If detention affects your immigration situation, contact Lex Corporation to ask what assistance is available, mentioning the facility and any deadline in the documents.