In today's globalised world, the problems associated with refugees and asylum seekers cannot be ignored. Undoubtedly, for many, international protection becomes their only (and sometimes last) resort in the face of persecution, wars and human rights violations. In today's post, we take a closer look at this important aspect of international law in the context of the European Union.
From this article you will learn:
- Who is a refugee?
- What must an immigrant do after crossing the border?
- What is the procedure for applying for international protection in Poland?
- Is it possible to work after submitting an application?
- What is subsidiary protection?
We look forward to reading!
International protection in the EU - the legal basis
As we mentioned at the outset, international protection in the European Union relates to ensuring the protection of refugees i asylum seekers.
European Union Member States are obliged to provide protection to refugees on the basis of 1951 Geneva Convention Relating to the Status of Refugees and 1967 Protocol. Moreover, the European Union has also developed its own refugee protection legislation to complement and strengthen the Geneva Convention.
The European Union's main legal instrument in the field of refugee protection is the Directive 2011/95/EU on standards for the recognition of third-country nationals or stateless persons as refugees or as persons entitled to international protection and the content of the granting of such status. The directive defines who can be recognised as a refugee or as a person entitled to international protection and the criteria and procedures for recognising this status.
Who is a refugee?
At the outset, it is important to clarify who a refugee actually is. Although intuitively everyone knows the meaning of the word, we think it is worth clarifying it. According to the Directive, a refugee is a person who, as a result of well-founded fear of persecution:
- because of their race, Religion, nationalities, political beliefs or belonging to a particular community or
- because of serious threats to his life or freedom involving widespread violence resulting from a situation of armed conflict or disturbances in his country of origin is unable or unwilling to avail itself of the protection of that country.
Procedures for the recognition of refugee status and of a person entitled to international protection are set out in the Directive and should be carried out in a way that is compatible with the rule of law, human rights and the protection of personal data. As part of these procedures, the applicant for protection must present his or her life story and explain why he or she needs international protection.
International protection in Poland. What must an immigrant do after crossing the border?
At the outset, it is worth noting that international protection not shall be granted to each. In order to obtain it, the appropriate request and meet certain requirements. For example, according to the Dublin Regulation, an application for international protection must be submitted to the so-called "Dublin Office". first country of entry to the European Union.
However, there are exceptions from this principle, and these include the following. family reunification and possession of a valid visa to another EU country.
This seems obvious, but an essential aspect for applying for international protection is to physical presence of the immigrantin the country where he or she wishes to obtain refugee status.
Request for international protection
A person who wishes to apply for such protection must follow precise procedures. First and foremost, he or she must submit the appropriate application at the designated time and place. Below are the most important aspects related to this.
When to apply? International protection in Poland
An application for international protection in the case of Poland can be made:
- when crossing the border, reporting this fact to the Border Guard officers,
- while in detention or in a repatriation centre,
- while in the country, by reporting to a Border Guard post.
In specific cases, it may be send their declarations of intent to apply by post or by e-mail. This applies to disabled persons, pregnant women, elderly persons, single parents, children from foster families. In this case, the application should be sent to the locally competent branch or post of the Border Guard.
The application shall be addressed to Head of the Office for Foreigners, and the application itself is processed by the Foreigners Authority.
What is the application procedure in Poland?
In the first instance, the proposal is registered by the Border Guard. This shall take place after a short interviewsmaking photos, downloading fingerprints and performance of medical examination.
The interview involves an interpreter who speaks a language that the foreigner understands.
Subsequently, through the Border Guard the application is submitted to the Head of the Office for Foreigners.
Upon submission of the application, the adult applicant shall receive temporary identity document. It authorises the foreigner and his minor children to stay in the Republic.
It is also noteworthy that the Office for Foreigners, while processing the application, may summon the foreigner to submit a explanations concerning the proposal.
Is it possible to work after submitting an application?
By applying for international protection, no work for a period of 6 months. This rule applies even if the foreigner was residing in the Republic of Poland prior to submitting the application.
It may also happen that the procedure for granting international protection turns out to be protracted and lasts longer than 6 months. In such cases - at the foreigner's request (!) - the Head of the Office for Foreigners issues a certificate which, together with a temporary identity certificate, entitles the foreigner to work. This allows those whose application is recognised for more than six months to take up employment.
Complementary protection
You will no doubt be wondering what happens to people who have not been granted international protection. Such persons are granted subsidiary protection when their return to the country would involve the possibility of suffering harm, due to:
- the death penalty imposed or execution,
- torture or inhuman treatment,
- a serious and individualised threat to health or life resulting from the widespread use of violence against civilians, in a situation of international or internal armed conflict.
Consequently, a foreigner who has been granted subsidiary protection obtains the right to legal residence in Poland, on the basis of an issued timely residence card. This document entitles the foreigner to work and relieves the employer of the obligation to obtain additional permits related to the employment of foreigners.
Assistance to Ukrainian citizens fleeing war
The significant increase in immigration of Ukrainians fleeing the war to Poland has forced the Polish legislator to introduce new legal solutions. These affect the legal aspects of the legality of migrants' residence and work, as well as other forms of assistance.
For the aforementioned reasons, the Law on Assistance to Ukrainian Citizens in Connection with the Armed Conflict on the Territory of Ukraine was introduced. The indicated legal regulation was highly anticipated due to the gigantic scale of migration. It simplified the procedure for granting international assistance and indicated the wide range of social assistance received by fleeing Ukrainian citizens.
Would you like to find out more about the aforementioned law? We encourage you to read our article: Legalisation of residence and work in Poland - latest changes and simplifications
Do you need protection due to a threat to your rights in your home country and do not know how to get help? Contact us!
