Each state that has become a signatory of the Geneva Agreement and the international Convention on Refugees is obliged to accept all those in need of protection and to ensure that they respect the rights provided for by these documents. Today, the number of candidates who want to obtain refugee status in Poland has significantly increased compared to the beginning of the tenth years of this century. The reason for this was the fighting, the unstable political situation and natural disasters.
What is refugee status
Legalization on Polish territory as an asylum seeker has a number of advantages: more precisely, the rights of such persons are equal to those enjoyed by indigenous people.
The host state guarantees new arrivals:
- the possibility of official employment;
- receiving medical care;
- free language courses for all family members;
- assistance in finding housing;
- cash allowance that is paid every month: candidates receive 70 zlotys per day (16.63 euros) per person as financial aid.
The guardianship service provides assistance in solving the main problems of refugees. She suggests possible employment options and selects suitable rental housing offers.
As for the allowance, its size is unlikely to allow for a decent lifestyle in the country, so the main task of a new member of society is to find a job as soon as possible.
Foreign guests will be able to take advantage of all the benefits provided by the granting of asylum in Poland immediately after being accommodated in a special camp. However, the settlers cannot leave the camp without warning the administration. At the same time, the granted status is Geneva, and therefore allows its holder to move within the borders of the Schengen area.
What the law says
Since the beginning of the 90s of the last century, Poland has been actively engaged in the placement on its territory of persons who are fleeing persecution and other negative external factors that threaten their lives. Most of the applicants come from the post-Soviet countries and the former Yugoslavia.
In 2021, Ukraine, Chechnya, Syria and Afghanistan are on the list of leaders. An insignificant flow of migrants is observed from Crimea and Belarus.
The asylum procedure is carried out on the basis of the following documents:
- The Geneva Agreement, signed in 1951, and the 1967 New York Protocol thereto;
- Constitution of the Republic of Poland of 1997;
- Poland's Law on Foreigners, which entered into force in December 1997, in particular Chapter 5 on the granting of refugee status.
- Decree of the Ministry of Internal Affairs of Poland, regulating the procedure, and samples of documents that are required for filing an application.
What can serve as a basis for granting refugee status
According to the Convention signed in 1951, a citizen who meets the following requirements can obtain political asylum or refugee status:
- is outside their home state;
- is afraid of persecution on the basis of racial, political, national characteristics;
- fears for his life because of his belonging to certain social groups, sexual minorities;
- cannot return to the country of his citizenship due to a threat to his life;
- does not fall into the category of persons who cannot be granted asylum.
There is no way to settle in Poland for citizens who have no reason, or rather, cannot prove that their lives are in danger or that they are being persecuted.
Refugee status cannot be obtained for reasons such as poverty, unemployment, criminal responsibility, homelessness.
A refusal will also be received if the applicant is under investigation and he is charged with especially grave crimes of a criminal or criminal nature:
- military;
- serious non-political offenses;
- actions that go beyond the principles spelled out in UN documents.
You cannot obtain asylum in Poland even if it has already been granted by a third state.
How is the status request procedure
It should be borne in mind that applying for refugee status for Russians, Belarusians, Ukrainians and citizens of other countries is a strictly confidential procedure. At the same time, they do not lose their previous citizenship, and information about the asylum granted is not disclosed in any way.
Refugees receive a residence permit that will remain valid for two years. After that, they will be able to receive a document giving the right to permanent residence (permanent residence). But first, there are a lot of formalities to follow.
Where and how to apply
There are two ways to submit a statement of intent to ask for help from the Polish state:
- by personally addressing the Chief Commandant of the Border Guard Service;
- if the right to cross the border is denied, then you can leave your request to the commandant of the checkpoint at which you are passing control.
In any case, together with the filing of the petition, you will have to go through the fingerprinting procedure. It should be remembered that the main task of the border guards at this stage is to weed out all those who have no grounds for obtaining asylum. For this reason, be prepared for the fact that you will not see a special desire to give you an application form. Nevertheless, do not lose hope and continue to insist on your own, and do it very calmly and confidently.
You can contact the following authorities:
- check-in counter at the airport or at passport control at the land border;
- Border Service Department, location - the city of Warsaw.
- center for foreign citizens.
After the application is handed over to the border guards, it will be forwarded to the Refugee Department. Further, he is waiting for a comprehensive study at the Office for Repatriates and Foreign Citizens.
For the entire period, until a decision is made, the applicant is issued a temporary identity document, and he will have to deposit his civil passport with an authorized department.
After that, the candidate for refugee status may be invited for an interview by the president of the above-mentioned department. The entire conversation will be recorded in the minutes.
A candidate for refugee status can make amendments, additions to it and only after that put his signature on it. If the record contains distorted information, there is every reason to refuse to sign.
Preparation of a statement
In your appeal, first of all, you need to indicate that it is addressed to the President of the State Office for Foreign Citizens. Moreover, it concerns all family members, and not just one of them.
Next, you should enter the information of the following order:
- Full name of all asylum seekers;
- dates of birth and number of full years;
- country of origin of the applicants;
- the reason that forces the refugee to seek protection in Poland.
You can enter information in your native language or one that you understand. If you are planning to file a petition at the border, you can ask to be allowed to do it in person. The document will be accepted for consideration only if it is completed correctly.
Why the application may not be considered
It may also happen that the petition does not reach the officials at all. This happens for various reasons:
- lack of contact information about the applicant;
- refusal of candidates to pass identification;
- refusal to undergo a medical examination;
- provision of inaccurate information;
- the home state belongs to the category of safe, therefore, returning to its territory does not pose any threat;
- the applicant had previously applied on this issue and was refused. When asked again, he was unable to provide new facts.
Based on this, we can conclude that in order to apply for asylum, you first need to make sure that there are sufficient grounds for this.
Briefly about the identity card of a foreign citizen
For the entire period of consideration of the application for granting refugee status, the applicant is issued a temporary identity card. It is the main document of the refugee and his family members, information about which is also contained in it. The certificate is valid only on Polish territory and is issued by the office that deals with the asylum application.
The document is valid for 30 days. After that, a new certificate is issued, which will be valid for 6 months. It should be enough for the entire period while the case is being considered.
According to the law, the decision is made no later than 3 months from the date of contacting the department. However, practice shows that the process can be delayed, since almost always additional clarification of facts and circumstances is required.
The form of the certificate must be replaced if:
- its owner has changed the data;
- a child was born to a refugee;
- expired;
- circumstances have arisen that do not allow identification.
If the decision to grant asylum is positive, the applicant will receive a residence permit. You need to apply for it to the department to which your voivodeship is attached. For example, in Warsaw it is Uzhond Mazowiecki. If the decision turns out to be negative, the temporary passport will have to be handed over to the office that issued it, and there you will have to receive your national passport.
Reasons for refusal and appeal procedure
Most of the applicants are inevitably rejected. This happens for various reasons:
- the applicant for asylum does not meet the requirements of the Geneva Convention;
- refugee status was granted to the applicant in another country;
- outside Poland, a migrant is suspected of committing a crime or is under investigation.
In order to challenge the decision of the commission, an appeal must be made to the Refugee Council. This must be done within 14 days from the moment when the refusal was received. In the appeal, it is necessary to indicate which articles of the law were violated.
Consideration of a complaint can take about 3-4 months. At the same time, stay on Polish territory during this entire time will be considered legal if the application was submitted at the time strictly set for this.
Refused asylum seekers will have the opportunity to stay on Polish territory to apply for “humanitarian status”. It also entitles you to medical care and short-term camp living, but does not permit you to work, study, or receive cash benefits. Such applications are submitted to the Refugee Office in the voivodeship where the foreigner intends to settle.
Refugee integration process
The life of a refugee in the Republic of Poland begins with a special center for people who come in search of protection. They accommodate all migrants entering Poland, regardless of nationality and country of origin. They cannot settle on the territory of the state at the stage of consideration of the request.
Temporary accommodation points are located most often in the border zone. The main one is located near Warsaw and is called Dembki.
At the beginning of his stay, the refugee receives all the essentials:
- sleeping place;
- personal hygiene items;
- nutrition;
- essentials.
Further, the new arrivals are distributed to other cities, in which such camps as Smozhevo, Lomse, Lakuse, Lublin are located (the total number is 13).
Only three categories of citizens can be in the camp:
- those who are awaiting a decision on their case;
- refugees who have been denied asylum;
- Ukrainians affected by the military conflict who arrived in Poland as part of national programs.
Given the size of the allowance, we can say that it is very difficult for beginners to live at first. Moreover, they will be able to earn extra money only after six months of their stay in the country. In general, families receive about 600-700 zlotys per month (142-166 euros).
If the receipt of refugee is crowned with success, the migrants will have to decide in which region of Poland they will live and build their new life. Alternatively, there is an opportunity to take advantage of the government program and move to social housing. But in this case, an independent choice of a settlement is not provided.
Having received a residence permit, refugees can get a job. However, you will first have to take Polish language courses. Those who wish can also learn a new profession.
Integration in the new conditions will be faster if you choose a city where the national diaspora lives. For example, people from Belarus, Russia and Ukraine settled in Lublin and Poznan. But Georgians and Chechens settle in settlements on the border with Belarus, since it is through it that their way to Warsaw passes, which is not always possible to reach.
Outcomes
The Republic of Poland actively accepts refugees, most of whom come from neighboring Ukraine, Russia, Belarus, as well as Syria and Afghanistan. As a signatory of the Geneva Agreement, Poland provides new arrivals with the main types of assistance: temporary housing, monthly allowance, medical assistance.
The migrant journey begins with the application for asylum. This can be done right at the border. Then the applicant is placed in a special camp, where he awaits a decision.
The waiting process can last from three months to several years. Moreover, its successful completion can be expected only if there are good reasons. These are the persecutions in the home state on the basis of political convictions, religious beliefs, membership of certain social groups.
