Asylum procedures and legalisation of stay of foreigners in Poland - a comprehensive guide

In the face of global migration and growing international mobility, asylum procedures and the legalisation of foreigners' stay in Poland are becoming topics of increasing importance. Both those seeking international protection and foreigners planning to stay legally in Poland for other reasons are confronted with a number of regulations and administrative procedures. This article aims to provide an overview of the most important aspects of these issues.

Forms of international protection in Poland

The Polish legal system provides for several forms of international protection for foreigners:

1. refugee status

According to the 1951 Geneva Convention, refugee status may be granted to a person who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his or her nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country.

2. subsidiary protection

It is granted to a foreigner who does not meet the conditions for refugee status but who, if returned to his or her country of origin, would be at real risk of suffering serious harm by:

Imposition of the death penalty or execution
Torture, inhuman or degrading treatment or punishment
Serious and individualised threat to life or health arising from the widespread use of violence against civilians in a situation of international or internal armed conflict

3 Temporary protection

It is granted to groups of foreigners who leave their country of origin en masse due to foreign invasion, war, civil war, ethnic conflict or gross human rights violations. An example is the temporary protection for Ukrainian nationals introduced in 2022 due to the armed conflict.

4 Asylum

It is a form of protection granted to a foreigner when it is necessary to ensure his/her protection and when an important interest of the Republic of Poland so warrants.

5. humanitarian residence permit

It is granted to a foreigner whose obligation to return:

It can only take place to a country where it would be exposed to dangers
It would violate his right to family or private life
Would violate the rights of the child as set out in the Convention on the Rights of the Child

6 Consent for tolerated stay

It is granted when expulsion of a foreigner is impossible for reasons beyond the control of the administrative authority and the foreigner, or can only be carried out to a state to which expulsion is inadmissible pursuant to a court decision or due to a decision of the Minister of Justice on the refusal to expel a foreigner.

Procedure for obtaining international protection

1. submission of the application

The application for international protection is submitted in person to the Head of the Office for Foreigners through the commanding officer of the Border Guard division or post. In practice, this means that a foreigner may submit such an application:

At the border crossing point while crossing the border
During his stay in Poland at the Border Guard post
In a guarded centre or custody for foreigners

2. status interview

Following the submission of the application, the foreigner is subjected to a status interview, during which he/she must describe in detail the reasons why he/she is seeking international protection. This is a key element of the procedure, as a decision to grant or refuse protection is taken on the basis of this interview and other evidence gathered.

3. issuance of the decision

The Head of the Office for Foreigners issues the decision on granting the refugee status within 6 months from the date of filing the application. This deadline may be extended in the case of complicated cases.

4 Appeal procedure

In the case of a negative decision, the foreigner has the right to lodge an appeal to the Refugee Board within 14 days from the date of delivery of the decision. The decision of the Council may be appealed against to the Voivodship Administrative Court in Warsaw, and then a cassation appeal to the Supreme Administrative Court.

Legalisation of the stay of foreigners outside the asylum procedure

Foreigners who do not apply for international protection may legalise their stay in Poland on the basis of:

1. Temporary residence permit

It is granted to a foreigner who intends to stay in Poland for more than 3 months, for various reasons such as:

Work
Conduct of business
Studies
Family reunification
Other circumstances justifying residence in Poland

This authorisation is granted for a period of between three months and three years.

2. permanent residence permit

It is granted to a foreigner who:

Has resided in Poland continuously for at least 5 years on the basis of a temporary residence permit
Is the child of a Polish citizen under his parental authority
Is the spouse of a Polish citizen (after at least 3 years of marriage and 2 years of uninterrupted residence in Poland)
He is of Polish origin and intends to settle in Poland permanently
Is a victim of human trafficking and meets certain conditions
Immediately prior to the submission of the application he/she had been continuously residing on Polish territory for a period of at least 10 years on the basis of a tolerated stay permit

3. long-term resident's EU residence permit

It is granted to a foreigner who has resided in Poland legally and continuously for at least 5 years, has a stable and regular source of income and health insurance.

4 Visas

Foreigners may also stay in Poland on the basis of visas:

Schengen (stay up to 90 days within 180 days)
Domestic (residence up to 1 year)

Rights and obligations of foreigners in Poland

Rights of foreigners under international protection:

Right to work - persons with refugee status and subsidiary protection can work without a permit.
Entitlement to social benefits - including to social assistance on the same basis as Polish citizens.
Right to education - Children have the right and duty to study until the age of 18.
Right to healthcare - publicly funded on the same basis as Polish citizens.
Travel document - persons with refugee status receive a Geneva travel document and persons with subsidiary protection receive a Polish travel document for foreigners.

Rights of foreigners with a residence permit:

They depend on the type of permit, but generally include:

Right to work (often with restrictions)
Right to conduct business
Right to education
Access to health care (subject to conditions)

Responsibilities of all foreigners:

Compliance with Polish law.
Reporting a change of residence.
Renewal of residence permits before they expire.
Having health insurance.

Practical tips for foreigners

Plan ahead - legalisation procedures can take a long time, so applications should be submitted early.
Collect documentation - collect all documents proving your situation, especially if you are applying for international protection.
Use the assistance of NGOs - Many NGOs offer free legal advice to foreigners.
Learn Polish - language skills greatly facilitate administrative procedures and integration.
Keep to deadlines - overstaying their residence permits may result in the need to leave Poland.

Summary

Asylum and legalisation procedures in Poland are complex and require good preparation. In more difficult cases, it is advisable to enlist the help of a lawyer specialising in immigration law, who will help you through the entire process and increase your chances of a positive outcome. Remember that each case is individual and personal circumstances can have a significant impact on the course and outcome of the proceedings.