Poland
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Overview of the national institutional and policy framework governing migration An overview of recent migration policy developments In 2009 consultations on possible new act on Aliens have been launched by the Minister of Interior and Administration. The various “actors” acting in the field of migration and asylum, e.g. governmental institutions, research institutes, non-governmental organisations and immigrants associations have been requested for their opinions on the existing provisions which should be improved or developed and for their proposals on new regulations concerning specified needs of various groups of foreigners. The topics raised include inter alia: - admission conditions; - procedures related to legalization of stay of some categories of foreigners, e.g. unaccompanied minors, family members and other groups of particular needs; - conditions for granting residence permits and its terms of validity, possible introduction of diversification related to some categories of foreigners; - possible introduction of additional information into a residence card, e.g. on the purpose of stay in Poland or/and title for performace of work; - connections between an issuance of long-term residence permit and a level of foreigner’s integration with Polish society (knowledge of language, culture, etc); - possible regularization for those foreigners who stay in Poland illegaly. Works on a new act will be continued in 2010. In February 2009 the Inter-ministerial Committee for Migration took decision on appointing the Working Group for developing Migration Strategy of Poland. Its work should result in elaboration of the proposals including the description of the legal, factual and institutional situation in the area of migration, foundations of the state migration policy, short- and long-term activities as well as monitoring of this policy implementation. An overview of key domestic legislation pertaining to admission and residence of migrants (including nationality law), emigration, trafficking and smuggling, diaspora and remittances, etc. and their current implementation. The main legal acts regulating migration and asylum matters in Poland are: - Polish Constitution of 2 April 1997[1] - Act of 13 June 2003 on foreigners[2] (entry, admission, residence, return and registers of foreigners); - Act of 13 June 2003 on granting protection to foreigners within the territory of the Republic of Poland[3] Residence permit for a fixed period The residence permit for a fixed period is granted to a foreigner who proves that there are circumstances that justify his/her residence in Poland for a period longer than 3 months. The permit is granted each time for a period necessary for the realization of the purpose of the residence, however not longer than for two years (with certain exceptions). In case of continuation of the circumstances justifying the residence of the foreigner in Poland, he/she can apply for another residence permit for a fixed period. The decisions on the residence permits for a fixed period as well as the residence card are issued, on application of the foreigner, by the voivod competent with respect to the place of stay of the applicant[4] (or intended stay in case of a foreigner staying abroad who submits the application through the consul[5]). The foreigner staying in Poland is obliged to submit the application at least 45 days before the expiry of the residence period indicated in the visa held by him/her or before the expiry of the previous permit. For the period of the proceedings the voivod issues the national visa to the foreigner[6] and cancels it after issuing the final decision on the residence permit for a fixed period. When submitting the application, the foreigner is obliged to present a valid travel document (or, in case of lack of it, another document confirming his/her identity) and attach other required documents. Additionally, the foreigner applying for a residence permit for a fixed period, unless the provisions of the Act state otherwise, is obliged to be in possession of: 1) health insurance in the meaning of the regulations on the health care services financed from the public resources or a proof of covering the costs of medical treatment on the territory of Poland by the insurance company; 2) a stable and regular source of income sufficient for covering the costs of living of the foreigner as well as the financially depended family members[7] or sufficient financial means to cover costs of the living (and studies, if the applicant resides in Poland due to his/her studies) and the return. Before issuing the decision on granting the residence permit for a fixed period, the voivod submits a request to the commander of the Border Guards division, Voivodship Commander of the Police, Chief of the Internal Security Agency and, if needed, to the consul competent with respect to the last place of foreigner’s residence abroad or to other organs[8], to provide information whether the entry and stay of the foreigner on the territory of the Republic of Poland constitutes a threat to the state defence or security or to the protection of public safety and order[9]. If the residence permit for a fixed period is granted within so called family reunification procedure, the application for the permit for a family member is submitted by the foreigner who resides in Poland and who fulfils the conditions specified by the law.[10] If the provisions of the Act do not state otherwise, the foreigner shall be refused the residence permit for a fixed period, if he/she: a) does not fulfil the requirements related to granting the permit; b) his/her data are entered into the registry (see annex 1) or in the Schengen Information System for the entry denial[11]; c) the circumstances of the case show that the purpose of the entry or stay on the territory of the Republic of Poland is or will be different than the declared one; d) the basis for the residence application is a marriage concluded solely for the purpose of abusing the appropriate regulations; e) it is required by the state defence or security concerns or the protection of public safety and order or the interests of the Republic of Poland; f) during the proceedings has submitted documents containing false information, has testified untruthfully or has concealed the truth; g) has been diagnosed with a disease or infection under the obligatory treatment on the basis of the Act of 6 September 2001 on contagious diseases and infections[12], or there is a suspicion of such a disease or infection, and the foreigner does not give consent for this treatment; h) does not comply with fiscal obligations towards the State Treasury; i) did not return the costs of expulsion covered from the state budget j) stays illegally on the territory of the Republic of Poland. In case of any of the circumstances described above by the letters c-j, and also in the situation when the foreigner left the territory of Poland permanently or the purpose for which the permit was granted is no longer valid, the competent voivod shall withdraw the residence permit for a fixed period. Permit to settle and the long-term resident’s EC residence permit The decision on granting the permit to settle or long-term resident’s EC residence permit as well as an appropriate residence card are issued by the voivod competent with respect to the place of stay of the foreigner[13]. Both types of permits are granted for an indefinite period of time. Similarly as in case of the residence permit for fixed period, before granting the permit to settle or the long-term resident’s EC residence permit, the voivod submits a request to the Commanding Officer of the Border Guards division, the Voivodship Commander of the Police and the Chief of the Internal Security Agency and if the need be also to other organs to send the information on whether the entry and stay of the foreigner on the territory of Poland poses a threat to the state defence or security or to the protection of the public safety and order[14]. The permit to settle is granted to a foreigner who: 1) is an underage child of a foreigner who holds the permit to settle, born on the territory of the Republic of Poland; 2) is married with a Polish citizen for at least 3 years before submitting the application and immediately before submitting the application resided continuously on the territory of the Republic of Poland for at least 2 years on the basis of residence permit for a fixed period; 3) immediately before submitting the application resided continuously on the territory of Poland for a period not shorter than 10 years on the basis of the tolerated stay status or for a period of 5 years after being granted a refugee status or subsidiary protection status[15]; 4) is a child of a Polish citizen and stays under his/her parental care. The permit to settle expires by legal effect on the day on which the foreigner received the long-term resident’s EC residence permit. A long-term resident’s EC residence permit shall be granted to a foreigner residing legally and continuously in the territory of the Republic of Poland for a period of at least 5 years directly prior to submitting the application, who possesses: 1) stable and regular source of income sufficient for covering the costs of living of the foreigner as well as the members of family financially dependent on him/her; 3) health insurance in the meaning of the appropriate provisions on the public health insurance or the confirmation of the coverage of the costs of medical treatment on the territory of the Republic of Poland by the insurance company. The foreigner is refused the permit to settle, if: - he/she does not fulfil the abovementioned requirements related to granting the permit; - his/her data are in the registry (see annex 1) or in the Schengen Information System for the purpose of entry denial[16]; - it is required by the state defence or security considerations or by the protection of the public safety and order or the interests of the Republic of Poland; - the application is submitted on the fact of a marriage concluded solely for the purpose of abusing the relevant provisions; - has submitted in the procedure documents containing false information or has testified untruthfully or has concealed the truth; - does not fulfil his/her fiscal obligations towards the State Treasury; - did not return the costs of expulsion financed from the state budget. The foreigner is refused the long-term resident’s EC residence permit, if: - he/she does not fulfil the abovementioned requirements related to granting the permit; - it is required by the state defence or security considerations or by the protection of the public safety and order. The permit to settle shall be cancelled in case any of the abovementioned circumstances justifying the refusal of the permit happen/was discovered after the positive decision was issued or the foreigner was sentenced in Poland with a valid sentence for a wilful crime for at least 3 years of imprisonment or left the territory of the Republic of Poland permanently. Similarly, the long-term resident’s EC residence permit is withdrawn – if its acquisition was unlawful; when the foreigner left the territory of the Republic of Poland for a period exceeding 6 years or if the foreigner left the territory of the European Union for consecutive 12 months or if he obtained the long-term resident’s EC residence permit on the territory of another member state of the European Union, and also when the foreigner poses a real and serious threat to the state defence or security or to the protection of the public safety and order. The decision on withdrawal of the permit to settle or the long-term resident’s EC residence permit is issued by the voivod competent with respect to the place of stay of the foreigner, ex officio or on the request of the Minister of National Defence, Chief of the Internal Security Agency, Commanding Officer of the Border Guards division or the Voivodship Commander of the Police. In case when the foreigner’s permit to settle is withdrawn, because: - it is required by the state defence or security considerations or by the protection of the public safety and order or the interest of the Republic of Poland, - the application for this permit or the documents attached to it contained false personal data or false information, - in the procedure of granting the permit to settle the foreigner has testified untruthfully or has concealed the truth, or in order to present as authentic, has forged or altered a document or used such a document as an authentic one, - was sentenced in Poland with a valid sentence for a wilful crime for at least 3 years of imprisonment, the decision on the withdrawal of the permit to settle orders also the expulsion of the foreigner. - Act of 13 June 2003 on granting protection to foreigners within the territory of the Republic of Poland[17] A foreigner may be granted protection on the territory of the Republic of Poland through: 1) refugee status (granted accordingly to the wording of Geneva Convention of 28 July 1951 and the New York Protocol of 31 January 1967 related to the Status of Refugees). In the decision refusing the refugee status the Head of the Office for Foreigners (or the Refugee Board in the second instance) may take a decision on granting: 2) subsidiary protection – in case when the foreigner does not fulfil the conditions necessary for granting the refugee status, however the return to his/her country of origin might constitute a real threat or a serious harm through sentencing to death penalty or the execution; torture, inhuman or degrading treatment or punishment; serious and individualized threat to life or health resulting from a widespread use of violence against civilians in the situation of the international or internal armed conflict[18]; 3) tolerated stay status – i.e. the national protection status granted in the situation when the expulsion of the foreigner might take place only to the country where his/her right to life, freedom and personal security would be jeopardised, where he/she would become a victim of torture or inhuman or degrading treatment or punishment or where he/she would be forced to work or denied the right to fair trial or be punished without legal grounds in the light of the wording of the European Convention for the Protection of Human Rights and Fundamental Freedoms done at Rome on 4 November 1950; when the expulsion would breach the right to family life in the wording of the European Convention for the Protection of Human Rights and Fundamental Freedoms or would constitute a breach to the rights of a child specified in the Convention on the Rights of the Child adopted by the General Assembly of the United Nations on 20 November 1989 to a degree seriously endangering its psychological and physical development; as well as when the expulsion cannot be executed due to reasons beyond the powers of the organ taking decision on the expulsion or of the foreigner. This status may be also granted to a foreigner who could be expelled only to a country where the extradition is inadmissible on the basis of the court’s judgement or the decision of the Minister of Justice on refusing to extradite this foreigner. Other forms of the protection granted to foreigners in the Republic of Poland are: 4) granting asylum – i.e. the national protection status specified in the Polish Constitution granted in the situation when it is necessary to safeguard the protection of the foreigner and when it is in the vital interest of the Republic of Poland; 5) granting temporary protection – in case of foreigners arriving to the Republic of Poland on a mass scale, who left their country of origin or a specific geographic area in result of foreign invasion, war, civil war, ethnic conflicts or grave human rights violations. The temporary protection is granted on the basis and in the scope specified by the decision of the Council of the European Union for a period specified individually for each decision[19]. So far, there were no cases of granting this form of protection neither in Poland, nor in the EU. Other important Laws: - Act of 9 November 2000 on Repatriation[20]; A repatriate is a person of Polish origin who arrived in the Republic of Poland on the basis of a repatriation visa and with the intention of taking up permanent residence. A person arriving in the Republic of Poland on the basis of a repatriation visa shall acquire Polish citizenship by virtue of the law as of the day of crossing the border of the Republic of Poland. A person of Polish origin in the meaning of this act shall be a person declaring Polish nationality and meeting jointly the following conditions: at least one of person's parents or grandparents or two great grandparents were of Polish nationality; that person is able to demonstrate links with Polish provenance, in particular by cultivating Polish language, traditions and customs; a person who in the past had already held Polish citizenship or whose at least one parent or grandparent or two great grandparents held Polish citizenship and who meets the condition specified above shall also be deemed a person of Polish origin. The condition stipulated above shall be deemed met if at least one parent or grandparent or two great grandparents of the applicant confirmed their belonging to the Polish Nation by, in particular, cultivating Polish traditions and customs. A repatriation visa may not be issued to a person who: lost Polish nationality acquired by way of repatriation on the basis of this act, or repatriated from the territory of the Republic of Poland or the Polish People's Republic on the basis of repatriation agreements concluded in the years 1944 - 1957 by the Republic of Poland or the Polish People's Republic with the Belarussian Socialist Soviet Republic, Ukrainian Socialist Soviet Republic, Lithuanian Socialist Soviet Republic and the Union of Soviet Socialist Republics to one of the states being a party to these agreements, or during stay outside the Republic of Poland acted against the vital interests of the Republic of Poland, or participated or participates in human rights violations. A repatriation visa may be issued to a person of Polish origin who prior to the coming into force of the act resided permanently in the territory of the present Republic of Armenia, Republic of Azerbeijan, Republic of Georgia, Republic of Kazakhstan, Republic of Kyrgystan, Republic of Tadjikistan, Republic of Turkmenistan, Republic of Uzbekistan, or the Asian part of the Russian Federation. - Act of 7 September 2007 on Card of the Pole[21]; Persons applying for the Card of the Pole should hold the citizenship of one of the countries of the post Soviet Union and be of a Polish origin. By virtue of the Act on the Card of the Pole new facilities for those who submit a written application for the issuance of Card of the Pole and if they prove in writing that they belong to Polish Nation and if they prove that at least one of the parents or at least one of the grandparents or two of great-grandparents had Polish citizenship or were of Polish origin. It is for the consul competent with respect to the place of an applicant’s residence to issue ‘Card of the Pole’. Holder of ‘Card of the Pole' does not need a work permit and has a right to engage himself/herself in economic activity and be engaged in economic activity (both of those rights are equal to those rights awarded to Polish citizens). What is more, they can undertake studies and study in Poland, they have a 37% discount for public transport and have free of charge access to the national museums. - Act of 15 February 1962 on Citizenship[22]; Polish citizenship may be acquired through: - birth – by virtue of law a child acquires Polish citizenship where:
- granting – at the request of a foreigner the President of the Republic of Poland may grant Polish citizenship to a foreigner who has lived in the territory of the Republic of Poland for at least 5 years on the basis of a permit to settle, the long-term resident’s EC residence permit, or who has had the right of residence; the granting of Polish citizenship to one of the parents in specified cases also covers children; where the children are over 16 years old, their consent is required; Polish citizenship is granted by the President of the Republic of Poland. - recognition as a Polish citizen – at the request of a foreigner whose citizenship is not specified or who does not hold any citizenship, if he/she has lived in Poland for at least 5 years on the basis of permit of settle, or the long-term resident’s EC residence permit; Decision on the recognition as a Polish citizen is issued by the voivod. - acquisition (declaration) – a possibility to acquire Polish citizenship by a foreigner who has been married for at least 3 years to a person holding Polish citizenship, if he/she lives in the territory of Poland on the basis of a permit to settle, the long-term resident’s EC residence permit or has the right of residence, and in a specified time submits a declaration of will in respect of the acquisition of Polish citizenship in front of a competent voivode or consul, and the authority issues a decision on the accepting the declaration. In case of citizens of another state, granting Polish citizenship may depend on a submission of a proof of loss or waiver of citizenship of that state. No other integration conditions are required. Additionally to the above, a foreigner who enters Poland on the basis of repatriation visa[23] automatically gains Polish citizenship at the moment of crossing the Polish state border. - Act of 20 April 2004 on promotion of employment and labour market institutions[24]; Employment of a foreigner or any other form of his/her economic performance in Poland is subject to specific legal regulations in two fields - immigration and access to the labour market. As a rule, a foreigner should have a work permit arranged by his/her employer, while in the field of immigration rules - the foreigner is obliged to have an appropriate visa or residence status. There are numerous detailed requirements in both of those fields. This information aims to provide a general overview of the applicable laws and procedures in the field of access to the labour market or other possibility of performing professional activities in Poland. As a rule, work permit is necessary when a foreigner performs work in Poland. However, there are several exceptions, based on citizenship (for instance EU-citizens), specific residence status or situation - please check section V. The legal form of the contract may be different and range between employment and civil law contracts. Employees of foreign companies, posted to Poland, as well as members of the board of companies that are registered in Poland may also need a work permit. Generally, work should be of profitable character - voluntary, unpaid services are not subject to work permit regulations. Various situations, when a work permit is required, are reflected in types of work permits: Type A: Issued for a foreigner who performs work on the basis of a contract with an entity (employer) who is based within the territory of the Republic of Poland; Type B: Issued for a foreigner who is a member of a board of a legal entity which is registered as an entrepreneur in the National Court Register (KRS) and stays in the Republic of Poland longer than 6 months in consecutive 12 months; Type C: Issued for a foreigner who performs work for a foreign employer and is posted to the territory of the Republic of Poland for a period no longer than 30 days during a calendar year to a branch of the organisation or to the related Polish entity (intra-corporate transfers); Type D: Issued for a foreigner who performs work for a foreign employer who does not operate a branch or other form of organised activity within the territory of the Republic of Poland, and is posted to the territory of the Republic of Poland for the purpose of providing services, which are temporary and occasional (export of services); Type E: Issued for a foreigner who performs work for a foreign employer and is posted to the territory of the Republic of Poland for a period exceeding 3 months within 6 consecutive months for a purpose other than those indicated in the types B,C or D. Work permits are issued by the voivods (regional authorities) at the request of the employer. Employers based abroad (in case of several types of posting of employees) may apply directly or through their branch or representative. The application is to be submitted on a form, which is available in voivods' offices and on the internet. There are several documents which have to be enclosed - they differ in regard to the type of a work permit. Detailed information is given in the respective form. Procedure and criteria for granting a work permit differ in regard to the type of a permit. In case of the A-type permit: With exception of some positions or occupations, listed on the regional shortage occupations lists (published by the voivods); employer has to obtain a local market information, which confirms that it was not possible to fill the vacancy by unemployed or work-seekers, registered with the local labour office. For that purpose it is necessary to submit a vacancy notice to the labour office. Vacancy notice should not include requirements higher than normally required for a certain position (for instance: knowledge of the foreign language in case it is not essential for the position). In case there are no registered unemployed or job-seekers, the labour office issues instantly (not later than 7 days after the notice is registered) the appropriate information. When there are potentially interested unemployed or job-seekers, the labour office arranges recruitment process among them and information on possibility of filling-up of the vacancy is issued within 2 weeks. Information from the labour office includes opinion about remuneration offered by employer in terms of its comparability with the salary level on the local market. Regardless of the local market situation, it is required that the foreign worker receives salary which is not inferior to wages of local workers in comparable occupation or position. A-type permit may be issued for a period of up to 3 years, however, for people without previous employment history in Poland it may be shortened according to the criteria set out in the regional regulations. In case of the B-type permit: If a company wants to have foreigner as a member of the board it should be demonstrated through appropriate documents that the business is profitable (level of annual profits should exceed average annual salary) and creates stable employment (for at least two persons who do not need a work permit) - or has a potential to achieve those goals, contribute to import of new technologies or innovations. B-type permits are issued for the standard period (up to three years), but members of the board of larger companies (employing over 25 persons) may be granted a work permit for up to 5 years. In case of the C, D and E-type permits: Intra-corporate transferees (and all posted workers) should have terms of employment not worse than stipulated by the Polish labour legislation in respect to such spheres like working times, overtime wages, minimum wage, health and safety regulations, parental rights etc. Detailed description of requirements is available from the National Labour Inspectorate (see: sources of information). Additionally, third-country nationals posted to Poland should receive wages not lower than 70 percent of the average wage in the region of Poland where they are expected to perform their duties. The foreign employer is required to nominate a representative in Poland who keeps basic documents related to employment, which makes it possible to check if above-mentioned conditions are met (time-sheets, contracts, evidence of the wage payments etc.). For export services (D-type permit) the applicant must provide detailed information about the contract. Foreign employer may submit an application for a work permit directly or through a branch or nominated representative. Extensions: Extensions of all work permits may be made upon application, which should be submitted not later than 1 month before expiry of the work permit. In case of A-type permits the local labour market information is no longer necessary if the position/occupation of the employee remains unchanged. In all cases: - A work permit will not be granted if the employer was repeatedly found guilty of illegal-employment of foreigners or was sentenced for trafficking in human beings as well as serious offences against the rules on employment of foreigners. - A work permit will not be granted if the foreigner's name is found on the visa blacklist. Issues of note: - Posting of workers within the framework of the export of services is possible only if those services are of incidental character and the foreign employer does not have an organised branch or other form of commercial presence in Poland. In case activities performed by the foreign company are of a larger scale or have an organised, rather than incidental character it is necessary to establish a formal commercial presence in Poland, for instance through an establishment of a branch. In such case, employees of the foreign company posted to its branch would fall under intra-corporate transferees category (C-type permit). - If the contract falls under category of hiring out workers to a user entity in Poland, it is necessary for the foreign employer to establish a branch and obtain an appropriate license for a temporary work agency. Work permit application fees (per person) Work permit for less than 3 months: 50 PLN Work permit for more than 3 months: 100 PLN Work permit for posted workers involved in the provision of services (D-type): 200 PLN Extension of a permit: 50% of the work permit application fee. Employment of a foreigner is associated with several duties and compliance with them is an essential part of the compliance with the work permit regulations. Every worker, regardless of his/her citizenship, must be treated at the workplace without any discrimination. The employer is obliged, inter alia, to: - include work permit conditions (for instance regarding wages) in the contract; - conclude a written contract and ensure the foreign worker gets its copy in the language understandable for him/her; - give one copy of the work permit to the worker; - inform the worker about all steps taken in the work permit application procedure; - inform the work permit issuing authority (the voivod) immediately about all relevant changes in the employment relationship, which affect the work permit conditions. Non-compliance may result in the withdrawal of the work permit.
Not all foreigners need a work permit in Poland. There are two basic groups of exceptions from the work permit requirement. First is based on the foreigner: his or her citizenship or special status. There is no work permit requirement for: - citizens of the European Union (EU), other countries of the European Economic Area (EEA), Switzerland and their family members; - foreigners with a permit to settle; - foreigners granted a long-term resident’s EC residence permit in Poland; - foreigners granted long-term resident’s EC residence permit in another EU country, with a residence permit for a fixed period in Poland, issued on the basis of the intent of employment/economic activity; - refugees, aliens granted subsidiary protection, aliens granted tolerated stay status, aliens granted temporary protection. The second group of exceptions focuses on a specific situation or form of employment and includes: 1. Foreign language teachers in schools; 2. Foreigners conducting training, on professional internships, counselling or supervising within the framework of EU activities or international programmes; 3. People who give occasional lectures and presentations (not exceeding 30 days a year), if they have permanent residence abroad; 4. Students on internships arranged by international student associations; 5. Students on paid internships; 6. Students studying in the Republic of Poland (with appropriate residence status); 7. Graduates of Polish universities and other schools above the secondary level; 8. Members of armed forces or civilian staff performing work in international military structures within the territory of the Republic of Poland; 9. Permanent media representatives; 10. Foreigners performing artistic services for no longer than 30 days in a calendar year; 11. Athletes performing occasional work for an entity whose headquarters are within the territory of the Republic of Poland; 12. Foreigners posted to work in cultural institutions of other countries, according to agreements with the Republic of Poland; 13. Turkish citizens (after a 4-year period of legal employment in Poland); 14. Persons posted by their foreign employers (provided that they have permanent residence abroad), for a period not exceeding 3 months, for the purpose of: a) assembly, maintenance or repairs of machinery, equipment etc., if the foreign employer is a manufacturer thereof; b) receipt of goods produced by a Polish company; c) assembly and disassembly of exhibition stands. 15. Persons posted by an EU employer to provide services in Poland; 16. Scientists in research and development institutions; 17. Citizens of neighbouring countries, for a period not exceeding 6 months within 12 consecutive months (with employer’s declaration registered with the labour office). Issues of note: - Specific conditions or restrictions apply to general categories mentioned above; - Although the above-mentioned categories of non-EEA nationals do not require a work permit, they must have a visa for the purpose of work, issued by a Polish consulate. In this case, a foreigner who applies for a visa is obliged to attach an employer’s written declaration on the intention to employ the specified foreigner. - Acts on particular sectors (social assistance, education, etc.); - Binding international instruments and acquis communautaire[25] A brief description of key institutional actors involved in migration management and diasporaThe following actors constitute the ‘core’ of the institutional framework with regard to migration and asylum in Poland: the Ministry of Interior and Administration with two authorities supervised by the Minister of Interior and Administration: the Head of the Office for Foreigners and the Border Guards; the Ministry of Labour and Social Policy; the National Labour Inspectorate; the Ministry of Foreign Affairs supervising Polish diplomatic and consular posts; the Refugee Board; 16 voivods’ (local administration) office and administrative courts (16 Voivodship Administrative Courts and the Supreme Administrative Court). Important role is also played by the interministerial Committee for Migration, set up as the advisory body to the Prime Minister. Ministry of Interior and Administration (www.mswia.gov.pl): Minister of Interior and Administration managing the ‘interior’ section is the minister competent i.a. with respect to[26]: - protection of state borders, - supervision of the border traffic and foreigners, - coordination of all activities related to the state migration policy - issues of citizenship and issues of repatriation[27]. As a consequence the Minister of Interior and Administration supervises the activities of: - Border Guards (described below); - Head of the Office for Foreigners (described below); - Police and the National Centre for Criminal Information[28]. The issues related to the coordination of activities within the state migration policy belonging to the competence of the Minister of Interior and Administration (including development and presentation of the guidelines of the state migration policy to the Council of Ministers; gathering information and analysing the migration situation in the country; initiating, analysing and issuing opinions on the normative acts as well as other documents related to the migration policy of the state; coordination of the domestic and international cooperation in the area of migration policy etc.) are carried out by the MIA’s Migration Policy Department. Moreover, the Ministry of Interior and Administration is responsible for implementing the policy for counteracting trafficking in human beings. The Undersecretary of State in the Ministry of Interior and Administration is the Chair of the interministerial Committee for Combating and Preventing Trafficking in Human Beings composed of the representatives of the state administration institutions as well as the invited non-governmental organizations. The Committee is an advisory and consultative body to the Prime Minister. The Committee assesses the implementation of the documents constituting the schedules of actions undertaken by the designated institutions. Monitoring of the works related to the implementation of tasks defined in these documents and their development for the years to come is within the competence of the Unit for Trafficking in Human Beings of the MIA’s Migration Policy Department. The issues related to Polish naturalisation policy as well as policy towards repatriation of foreigners of Polish origin belong to the MIA’s Department for Citizenship and Repatriation. The organs supervised by the Minister of Interior and Administration: a) Office for Foreigners – UdSC (www.udsc.gov.pl): The Head of the Office for Foreigners (hereinafter referred to as the Head of the Office) is the central governmental authority competent with regard to, inter alia: - Admission, transit, residence and departure of foreigners from the territory of Poland. The Head of the Office coordinates, as a higher instance organ, the activities related to residence of foreigners carried out by the voivods (governors of 16 provinces, the - Granting and withdrawing refugee and subsidiary protection status, tolerated stay status (national protection measure) and national asylum status. All determination procedures are carried out in the Office [I instance]), including cooperation under Dublin II Regulation[29] (key unit: Department for Refugee and Asylum Proceedings); - Organization and management of reception centres for asylum seekers (key unit: Bureau for Organization of Centres for Foreigners Applying for the Refugee Status); - Management of the central information system on foreigners ‘POBYT’ [‘Residence’], which contains data on procedures undertaken in relation to foreigners, with regard to: refugee proceedings; residence proceedings (including the register of foreigners whose residence on the territory of the Republic of Poland is undesirable – further called the ‘Register’ (see ANNEX 1), and return / expulsions proceedings in Poland. On this basis, the Head of the Office serves also as a Central Visa Authority in the framework of the Schengen cooperation (key unit: IT and Foreigners Registers Bureau and Department for Legalization of Stay and Foreigners’ Register in relation CVA activity). b) Border Guards (www.strazgraniczna.pl – Headquarters and 12 regional divisions) has very broad competences in the area of migration and asylum procedures in Poland. In particular with regard to migration phases in question, these competences refer to: Entry / Admission: Control of the legality of entry at the borders and issuing appropriate decisions (refusal of entry, defining the stay period, issuing visas in specific cases, annulment of visa, etc.), in the international protection procedures - receiving and initial checking of the refugee status applications (more: sections ‘Entry Procedures’ and ‘Admission Conditions’); Residence: Carrying out control over legality of the foreigners’ stay in the whole territory of the Republic of Poland and counteracting illegal migration – in cooperation with the Police, Customs Offices, the Office for Foreigners, voivods and non-governmental organizations (see section ‘Legal Residence’) as well as the control over legality of the foreigners’ employment within the territory of Poland – in cooperation with the National Labour Inspectorate (www.pip.gov.pl); Return: Initiating proceedings and/or enforcing decisions related to the foreigner’s return, expulsion of foreigners (including convoying tasks), issuing decisions imposing on the foreigner the obligation to leave the territory of Poland (see section ‘Return’)[30]. Ministry of Labour and Social Policy – MPiPS (www.mpips.gov.pl) has its statutory competency in the field of labour, family and social security. Respectively, MPiPS covers the field of labour migration to Poland and access of foreign workers to Polish labour market, including co-creation of strategies and policies to attract foreign labour force. Moreover, the Minister of Labour and Social Policy acts as the second instance authority in procedures related to issuing work permits for foreigners (with voivods – local authorities – as the first instance). In addition, the Ministry is responsible for the integration of foreigners in Poland, including coordination of assistance provided within the framework of annual integration programmes (implemented as a social security task) targeting recognised refugees and persons granted subsidiary protection. The aforementioned tasks are carried out by National Labour Inspectorate – PIP (www.pip.gov.pl) - is an authority established to execute supervision and inspection of the labour law observance. It is subordinate to Sejm (lower chamber of the Parliament). National Labour Inspectorate’s supervision and inspection covers all employers and entrepreneurs, who are not employers, but who have natural persons perform work for their benefit, irrespective of the grounds of performing such work. From 1st July 2007 National Labour Inspectorate’s supervision also covers persons conducting economic activity on their own account (the so-called self-employed). By virtue of the Act of 13 April 2007, the scope of National Labour Inspectorate’s activity was extended by issues related to inspection of employment legality and performance of work by foreigners. Ministry of Foreign Affairs - MFA (www.msz.gov.pl): the Minister of Foreign Affairs supervises the work of Polish diplomatic and consular posts, i.a. in the area of issuing visa and implementing visa policy[31]. Consuls are also competent with respect to accepting applications for granting the residence permit for a fixed period submitted by foreigners residing outside the territory of the Republic of Poland and transmitting then to proper voivods for examination (see section ‘Admission Conditions’). While processing the visa application the consul is obliged to verify the foreigner’s data in the national and international information systems (SIS), and in cases when it is obligatory or necessary in the consul’s opinion, conducts so called visa consultations (in the country and abroad)[32]. MFA runs a database of the visa applications submitted to the Polish consular offices, decisions issued on them as well as visas granted – which constitutes the Central Consular Visa Registry in Poland. The Minister of Foreign Affairs also carries out, through consuls, activities for strengthening the ties between Polonia abroad and Poland, including tasks originating from the Act of 7 September 2007 on the Card of the Pole[33]. Refugee Board (http://www.rada-ds-uchodzcow.gov.pl) functions as the second instance authority in the refugee status proceedings. The Board examines the appeals from decisions and complaints against the rulings rendered by the Head of the Office and is a competent organ for reopening the proceedings, reversal, change or declaring invalidity of the decisions or rulings issued by the head of the Office. The Board is composed of 12 members appointed by the Prime Minister for a five-year term of office from amongst people with outstanding knowledge and/or practical experience in the refugee-related issues[34]. The administrative and office service of the Board is provided by the Chancellery of the Prime Minister. The Councils’ decisions may be complaint against to the appropriate Voivodship Administrative Court and the revocation complaint against the judgement of the Voivodship Administrative Court may be lodged to the Supreme Administrative Court (www.nsa.gov.pl) (see section ‘Admission Conditions’); The Voivods are the first instance authority in the administrative proceedings related to foreigners as far as legalisation of their stay and work permits are concerned. Additionally, the voivods carry out the tasks related to the procedures related to the Polish citizenship, if they were not reserved for other organs – first of all for the President of the Republic of Poland. The voivod competent with respect to the place of residence of the foreigner or the place of disclosure of the appropriate fact or event[35] also issues the decision on the expulsion of the foreigner from the territory of the Republic of Poland. The voivod also issues decisions on imposing penalty on the carrier who brought into the territory of the Republic of Poland the foreigners who do not comply with the entry conditions. The Interministerial Committee for Migration acts as a subsidiary organ (consultative and advisory) to the Prime Minister[36]. The committee is chaired by the Minister of Interior and Administration. The results of the works of the Committee are notified to the Prime Minister who may decide on presenting them to the Council of Ministers. The tasks of the Committee for Migration Policy include: - initiating the directions of the legislative and institutional changes in migration-related issues and recommending them to the Council of Ministers in order to adopt the Council’s position; - development of proposals related to modification of the competences in the area of migration; - issuing opinions on multiannual and annual national programmes of the European Fund for the Integration of Third Countries Nationals; - proposing the directions of activities in the area of the foreigners integration in Poland; - exchange of information as well as monitoring of works conducted in the EU in the area of migration; - cooperation with state and self-government administration organs as well as non-governmental organisations in the field of migration. The Committee is composed of the Secretaries or Undersecretaries of State representing the Ministry of Interior and Administration, Ministry of Labour and Social Policy, Ministry of Foreign Affairs, Ministry of Economy, Ministry of Finance, Ministry of Culture and National Heritage, Ministry of National Education, Ministry of Regional Development, Ministry of Health as well as the President of the Central Statistical Office[37], Head of the Office for Foreigners, Chief of the Internal Security Agency, Chief Commanders of: the Police and Border Guards as well as the representatives of the Chancellery of the Prime Minister on the level of Secretary of Undersecretary of State and the Secretary of the European Integration Committee. Additionally, the representatives of the non-governmental organizations or academic circles may be invited to the sessions of the Committee. The substantive and technical service to the Committee is provided by the Migration Policy Department of the Ministry of Interior and Administration. The following working groups operate within the Committee: - Working group on economic immigration - Working group on economic migration from Poland - Working group on combating illegal immigration - Working group on integration of foreigners - Working group on gathering and exchange of statistical data - Working group on re-emigration - Working group on resettlement - Working group on elaboration of Polish Migration Strategy [1] Journal of Laws 1997, No 78, item 483, with further amendments (OJ dated 2006.200.1471) [http://www.sejm.gov.pl/prawo/konst/angielski/kon1.htm]; [2] Journal of Laws 2006, No 234, item 1694, with further amendments (Dz.U.2007.120.818, Dz.U.2007.165.1170, Dz.U.2008.70.416, Dz.U.2008.180.1112, Dz.U.2008.216.1367, Dz. U. 2008.227.1505, Dz. U. 2008.234.1570, Dz. U. 2009.6.33, Dz.U.2009.31.206, Dz.U.2009.95.790); [3] Journal of Laws 2006, No 234, item. 1695, with further amendments (Dz.U.2007.120.818, Dz.U.2008.70.416, Dz.U.2008.216.1367; Dz.U.2009.95.790); [4] The application for residence permit may also include the foreigner’s children or other persons under his/her guardianship; [5] In such a case the consul attaches to the application an information whether the entry and stay of the foreigner on the territory of the Republic of Poland constitutes a threat to the state defence or security or to the protection of public safety and order; [6] If this period is not met the foreigner does not receive visa and is obliged to leave the territory of the Republic of Poland before the expiry of the period indicated in the visa or in the residence permit for a fixed period, in case the proceedings of granting the residence permit for a fixed period were not completed before the expiry of this period of stay. [7] This condition is fulfilled also in case when the costs of living of the foreigner are covered by a family member obliged to cover his/her subsistence, who resides on the territory of the Republic of Poland. The abovementioned income, after deducting the costs of accommodation, on each financially depended family member of the foreigner, or the foreigner himself/herself if he/she is a single person, must be higher than the amount of income entitling to financial benefits from the social assistance on the basis of the act of 12 March 2004 on social assistance (J. L. No 64 item 593, with further amendments); [8] E.g. in the case of a foreigner who intends to continue on the territory of the Republic of Poland the studies started on the territory of another European Union member state, the voivod may ask the competent organ of this state to provide information on the stay of this foreigner on its territory. [9] These organs are obliged to provide the information within the period of 30 days from the date of receiving the request. If the abovementioned organs do not provide information within the agreed deadline it is assumed that the requirement of obtaining information has been fulfilled. In particularly justified cases this deadline may be prolonged to 3 months. The organ obliged to provide information informs the voivod about any prolongation. [10] This entitlement refers to the foreigner who resides in Poland: - on the basis of the permit to settle - on the basis of the long-term EC resident’s residence permit; - with a refugee status; - in relation to granting subsidiary protection; - at least 2 years on the basis of the residence permit for a fixed period, including immediately before submitting the application for the residence permit for a fixed period for a family member – on the basis of a permit issued for a period of stay not shorter than a year; - on the basis of the residence permit for a fixed period referred to in art. 53 item 1 point 17 and 18 (a scientist). [11] If the foreigners data are registered in the Schengen Information System for the entry refusal, however there are serious reasons for granting the residence permit for a fixed period, referred to in art. 57 item 5a, the voivod requests the opinion referred to in art. 25 item 1 of the Convention implementing the Schengen Agreement, through the Commander-in-Chief of the Police. [12] J. L. No 126, item 1384, with further amendments. [13] For the period of the proceedings, in case if the foreigner submitted the application during his/her authorised residence on the territory of the Republic of Poland (i.e. before the expiry of the validity of the hitherto permit/visa), and the proceedings regarding granting the permit to settle/the long-term resident’s EC residence permit were not completed before the expiry of the residence period, the voivod issues a national visa to the foreigner and cancels it upon issuing final decision. If this period was not met, the foreigner is obliged to leave the territory of the Republic of Poland before the expiry on the residence period indicated in his/her visa or on the basis of the residence permit for a fixed period. [14] These organs are obliged to provide information within 30 days from the date of the receipt of the application on whether the entry and stay of the foreigner on the territory of Poland poses a threat to the state defence or security or to the protection of the public safety and order. In case these organs do not provide the information within the period of 30 days from the date of the receipt of the request, the requirement of obtaining information is considered to be fulfilled. In particularly justified cases the abovementioned period may be extended to 3 months, the organ obliged to pass the information notifies the voivod about this fact. [15] In case of the foreigner staying in the territory of the Republic of Poland on the basis of the refugee status, subsidiary protection status or tolerated stay status granted in relation to the examination of the refugee status application the period of stay during the proceedings, even if the foreigner was placed during this period in a guarded centre or in the arrest with the purpose of expulsion shall be included in “continuous residence” referred to in point 3. The stay on the territory of the Republic of Poland is considered to be continuous if none of the break was longer than 6 months and did not amount to 10 months in total, unless the break was caused by: 1. performing the work obligations or performing work out of the territory of the Republic of Poland on the basis of a contract concluded with an employer whose seat is located on the territory of the Republic of Poland; 2. accompanying the spouse who is performing the work obligations or performing work in the circumstances referred to in point 1; 3. foreigner’s medical treatment. [16] If the foreigners data are in the Schengen Information System for the purpose of entry denial, and there are serious reasons for granting the permit to settle (particularly of humanitarian nature or resulting from international obligations taking into account the interests of the state which made the entry into the Schengen Information) before issuing the long-term resident’s EC residence permit the voivod requests the opinion referred to in art. 25 paragraph 1 of the Convention implementing the Schengen Agreement through Commander-in-Chief of the Police. [17] Journal of Laws 2006, No 234, item. 1695, with further amendments (Dz.U.2007.120.818, Dz.U.2008.70.416, Dz.U.2008.216.1367; Dz.U.2009.95.790); [18] Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted - OJ L 304 of 30.9.2004, page 2-12; [19] Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof – OJ L 212/2 of 7.8.2001 [20] Journal of Laws 2004, No 53, item 532, with further amendments (Dz.U.2005.94.788, Dz.U.2006.249.1828, Dz.U.2007.120.818, Dz.U.2008.70.416, Dz.U.2008.216.1367); [21] Journal of Laws 2007, No 180, item 1280, with further amendment (Dz.U.2008.216.1367); The Card of the Pole is a document stating adherence to the Polish Nation. The granting of the Card of the Pole does not entitle to automatic acquisition of the Polish citizenship, obtaining legal right to settle-down on the territory of the Republic of Poland or crossing the Polish border without a valid visa. [22] Journal of Laws 2000, No 28 item 353, with further amendment (Dz.U.2007.120.818); [23] i.e. visa granted in cases of persons with the status of repatriate (see annex 2). In case of Poland, repatriation means a return on special conditions of the persons of Polish origin, who remained in the East, and in particular in the Asian part of the former Soviet Union and who in result of deportations, exiles and other nationality-based or political persecutions could never settle in Poland; [24] Journal of Laws 2008, No 69, item 415, with further amendments; [25] See: N-Lex portal – a common gateway to national law – http://eur-lex.europa.eu/n-lex/pays.html?lang=en ; [26] According to art. Art. 29. para 1. point 2 and para 4 of the act of 4 September 1997 on the governmental administration division (Journal of Laws 1999, No 82, item 928, with amendments); [27] According to Polish legal framework the term “repatriation” means return on special conditions of the persons of Polish origin who remained in the East, in particular in the Asian part of the former Soviet Union and who due to deportations, exile and other forms of national or political persecutions were never allowed to settle down in Poland; [28] The Police controls e.g. the legality of the foreigner’s residence on the territory of the Republic of Poland, submit the motions to issue the decision on expulsion, on withdrawal of the decision on settlement, on long-term residence of the EC resident, issue decisions imposing on the foreigner the obligation to leave the territory of the Republic of Poland (see section ‘Return’) [29]Council Regulation 343/2003/EC of 18 February 2003 establishing the criteria and mechanisms for determining the member state responsible for examining an asylum application lodged in one of the member states by a third-country national (Official Journal L 50 of 25 February 2003); [30] The issues in the competence of the Commander – in – Chief of the Border Guards, resulting from international agreements and community law of the UE in the area of migration/asylum policy are implemented by the Board for Foreigners of the Border Guards Headquarters; migration and asylum analysis are carried out by the Strategic Analysis Office of the Border Guards Headquarters; [31] Including: preparation (in coordination with other Ministries) of bilateral agreements on the exemption from the visa obligation for holders of the diplomatic and service passports as well as establishing the amount of consular fees, including visa fees. When Poland acceded to the Schengen zone and started to apply all provisions of the Schengen aquis these competences in relation to uniform visa were limited by the EU decisions which specify uniform fee for issuing uniform visa (‘Schengen visa’), that all EU Member States should apply. [32] See p. 33. [33]Journal of Laws 2007, No 180, item 1280, with amendments (Dz.U.08.216.1367). Holding the Card of the Pole – the document confirming belonging to the Polish Nation – authorises to: - granting long-term residence visa free of charge, authorising to crossing the borders of the Republic of Poland; - undertaking employment on the territory of Republic of Poland without work permit obligations; - benefiting from the education system free of charge; - carrying out economic activity in Poland on the same conditions as Polish citizens; - benefiting from free medical services in emergencies; - exemption from payments for visiting state museums; - priority treatment in applying for financial means from the state budget or from the local government budgets allocated for supporting the Poles abroad. [34] The Prime Minister appoints to the Board 4 persons from among candidates presented by the minister competent with respect to foreign affairs and the Minister of Justice – each of ministers presents 8 candidates (in justified cases the composition of the Board may be broadened). The Board takes decisions in 3-member composition, apart from the manifestly unfounded applications (1-member composition); [35] Ex officio or on the motion from the Minister of National Defense, Head of the Internal Security Agency, Head of the Foreign Intelligence Agency, Commander-in-Chief of the Border Guards, Commander-in-Chief of the Police, Commander of the Border Guards division, Voivodship Commander of the Police, Commander of the Border Guards division or the Customs Service organ; [36] Another advisory organ to the Prime Minister - Governmental Population Council – is also important in migration context due to its tasks related to demography and population policy, including forecasting the demographic development of the country; [37] Central Statistical Office (Department of Demographic Studies, Migration Studies Division) gathers and analyses statistics in the area of migration both internal mobility within the country and international migration , i.e. the departures of the Polish citizens from Poland as well as entries of the foreigners into Poland – acts as one of the official national data provider to EUROSTAT (www.stat.gov.pl); | |
General InformationThe Republic of Poland is located in central Europe. The country covers an area of about 323,250 sq. km. It is bounded by the Baltic Sea and Russia to the north; by Lithuania, Belarus and Ukraine to the east; by the Czech Republic and Slovakia to the south; and by Germany to the west. The capital and largest city is Warsaw. The official state language is Polish. The unit of currency is the zloty. | |
Historical BackgroundThe Polish history dates back to the 10th century, when prince Mieszko I united several Slavic tribes under his rule and gave rise to a Polish state. In the 15th and 16th centuries, Poland, then united with Lithuania, was one of the major European powers under the Jagiellonian dynasty. When the dynasty came to an end in 1572, Poland entered a long period of decline, culminating in the partition of the country between Russia, Austria and Prussia in 1772, 1793 and 1795. Poland was again established as a sovereign state in 1918. In 1939, it was partitioned for the fourth time by Germany and the Union of Soviet Socialist Republics. Since 1944, the Communist party was steadily gaining power. In 1989, with the collapse of the communist system, Poland entered the way of transition towards democracy and market economy. The new Constitution was finally adopted in 1997. | |
GovernmentThe head of state is a president, elected directly for a maximum of two five-year terms. A prime minister is appointed by the president with the approval of the lower house of parliament and is typically a leader of the majority party or coalition. The prime minister heads a Council of Ministers appointed by parliament. The legislature is a bicameral Parliament that comprises a 460 member Sejm, and a 100 member Senat, re-established in 1989. Members of both chambers are elected for a four-year term by universal, direct and secret ballot. The judicial system includes the common, administrative and military courts. All court proceedings should have at least two stages. The Supreme Court is the highest court of appeal. There are also the Supreme Administrative Court, the State Tribunal, and the Constitutional Tribunal. Poland is administratively divided into 16 provinces. The latter are divided into counties, which are subdivided into communes. Local affairs are administered by local authorities at all the above mentioned levels. | |
Population
In 2006, the population of Poland was estimated at 38,1 mln. Some 62 percent of the population reside in urban areas.About 98 percent of the population are ethnic Poles, and the remainder includes Ukrainians, Belarusians, and Germans, and small communities of Slovaks, Czechs, Lithuanians, Russians, Jews and Roma. About 92 percent of Poles are Roman Catholic. Other largest churches represented are the Polish Autocephalous Orthodox Church and the Evangelical Augsburg Church.
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EconomyServices, including transportation and trade, employ some 50 percent of the workforce. Agriculture, fishing and forestry employ 27 percent of the workforce. The principal crops are grains, sugar beets, vegetables, fruit, and tobacco. Livestock raising and livestock products are also important. Industry, including manufacturing, mining and construction, employs about 22 percent of the workforce. The country ranks among the world's leading producers of hard coal and sulphur. Poland imports nearly all its gas and oil, mostly from Russia (about 65 percent of gas and 95 percent of oil) The rest comes by sea from the Persian Gulf, North Africa, and Norway. In 2003, Poland exported mainly machinery, raw materials, industry products, food, and chemicals. The leading export partners were Germany, France, Italy, Russia, the United Kingdom, and the Netherlands. Leading imports included machinery, raw materials, chemicals, fuels, and food products. Poland's main suppliers of imports were Germany, Italy, Russia, France, China, the United Kingdom, the Netherlands, and the Czech Republic. | |
Social SystemEducation is free and compulsory for all children between the ages of 7 and 15. On completion of the six year elementary school programme, children enter the two stage secondary school system. Poland has a long history of higher education. Jagiellonian University, established in Krakow in 1364, is the second oldest university in Central Europe. There are over 170 institutions of higher education in Poland that include universities, medical schools, schools of art and music, and specialised vocational colleges. The health care system has been reformed several times recently. Private medicine has increased in recent years, as has the practice of charging fees for medical care in hospitals. Most pharmacies are privately owned. Social security system is based on social insurance system and covers pensions, sickness and maternity allowances, and unemployment and social benefits, including family and caring benefits. | |
Membership in International OrganisationsPoland is a member of the United Nations and a number of its specialised agencies (UN High Commissioner for Refugees, International Labour Organisation, UNESCO, World Health Organisation, International Bank for Reconstruction and Development, and International Monetary Fund), the Council of Europe, the Organisation for Security and Co-operation in Europe, and the Central European Initiative. It is a full member of the Inter national Organisation for Migration. Poland is a member of the World Trade Organisation, the European Bank for Reconstruction and Development, and the Organisation for Economic Co-operation and Development. In 1999, the country joined the North Atlantic Treaty Organisation. In 1994, Poland applied to join the European Union (EU) and entered into negotiations for full EU membership in March 1998. In May 2004, Poland and nine other countries joined the EU as full members. | |
Legislation on Migration and AsylumThe migration and asylum issues are regulated by the following main legal documents:
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Participation in International and Regional InitiativesPoland participates in the following international and regional initiatives in the field of asylum, migration and border management:
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