The Organisation of Reception Facilities for Asylum Seekers in the EU – findings of the EMN study

The EU legislation with regard to reception of foreigners seeking international protection in the EU ensures adequate and comparable reception conditions throughout the EU. However, Member States report difficulties to ensure this in practice.

Changes to regulations regarding the employment of foreigners

Since 1 January 2014, amended and clarified legal provisions have applied to the simplified procedure for issuing work permits to the citizens of Belarus, Georgia, Moldova, Russia, Ukraine and Armenia, previously employed on the basis of a declaration of intention to entrust work to a foreigner.

From 1 January, the employment of Armenian workers in Poland will be facilitated

From 1 January 2014, citizens of the Republic of Armenia are allowed to take on a short-term job in Poland (up to 6 months per year) on the basis of simplified rules, i.e. on the basis of the employer's declaration of intention to entrust work to a foreigner registered in the labour office.

The President signed new Act on Foreigners

On 27 December 2013, the President of Republic of Poland signed a new Act on Foreigners thus has ended more than three-year long drafting process of the bill.

Start of public consultation for the migration policy action plan

On 20 December 2013, the Ministry of the Interior submitted for public consultation a draft Action Plan for the document “Migration policy of Poland - the current state of play and further actions”.

News

Government adopted a strategic document entitled: "Migration policy of Poland – the current state of play and the further actions"

On 31 July 2012, the Council of Ministers adopted the document Polityka migracyjna Polski – stan obecny i postulowane działania [Migration Policy of Poland – the current state of play and further actions] whose aim is to formulate the directions of action and systemic solutions and recommendations for the public administration in the field of migration, to allow for an effective decision making, among others in the fields of legislation, administrative practice, monitoring, financial planning and coordination of the activities of competent bodies, offices, institutions and ministries, which would result in the cohesion of actions undertaken towards foreigners.

Migration Policy of Poland contains an overview and evaluation of the current migration situation in Poland, and calls for, among others: simplification of procedures and strengthening of structures responsible for this area, identification of the categories of foreigners that are of particular importance for the interests of Poland, restructuring of the system of foreigners’ integration and monitoring of phenomena related to the widely understood area of migration.

The main theme of the document is the adaptation of migration policy to labour market priorities (with the maintenance of the auxiliary character of labour immigrants employment in reference to local employees) and the need to ensure competitiveness of the Polish economy. The adopted directions of action include such issues as legal migrations, counteracting illegal migration, integration, international protection for foreigners, emigration, citizenship and repatriation, efficient functioning of the legal and institutional system and monitoring of migration processes. A number of recommendations were adopted, including among others:

  • The identification of priorities of admitting and legalising the stay of foreigners– the foreigner admission and legalisation system in Poland should provide for – aside of general solutions – preferential solutions for the stay and work in Poland for selected groups of foreigners. These are, among others: persons of Polish origin, students, scientists, graduates from Polish universities, foreigners conducting economic activity, especially such that provides new workplaces, labour immigrants with required qualifications, citizens of EU Member States and members of their families, other foreigners covered by the rule of free movement of persons, family members of Polish citizens and foreigners settled in Poland.
  • Simplification of the rules of stay and work of foreigners in Poland, combined with the strengthening of actions aimed at preventing illegal immigration.
  • Development and implementation of an effective programme of foreigners integration (among others, the introduction of pre-integration programmes for persons applying for refugee status); streamlining of integration programmes for persons under international protection and covering other foreigners with such programmes; increased attention paid to the education of migrant children and ensuring free access to legal advice for foreigners.
  • Prevention of illegal migration, including the prioritisation of voluntary returns over forced returns and the implementation of provisions that allow, in justified cases, for the legalisation of stay in Poland or leaving its territory without negative consequences (entry in the register of undesirable foreigners) in the case of persons staying in Poland illegally.
  • Labour emigration – return migration – carrying out information policy actions concerning the opportunities of economic activity in Poland; removal of obstacles for Poles living abroad in the context of support for Poland-bound families of migrants (i.a., the issue of “Euro-orphanhood”); improvement of the situation and image of Poles living abroad, including the prevention of discriminatory practices against Poles living in other countries.
  • Citizenship and repatriation - introducing systematizatic and comprehensive regulations concerning statement of Polish origin and the rights granted to those foreigners by polish authorities (statement of Polish origin should entitle a foreigner to exersice a constitutional right to settle on the territory of the Republic of Poland and to acquire all rights provided by the law), revision of the model of repatriation which was adopted in 2000 so as to provide a possibility of quick repatriation to all interested in settling in Poland.
  • Strengthening the system of migration management, including the widening of competences of the Head of the Office for Foreigners and strengthening his control over policies implemented by heads of Departments for Foreigners in Voivodeship Offices.
  • Monitoring of migration phenomena in Poland, including the collection of data that are of significance from the point of view of migration management (needs of labour market, effectiveness of integration programmes); carrying out regular analyses of individual aspects of migration by state bodies; and integrating registers which gather data on proceedings in foreigners’ cases.

Migration Policy of Poland is a programme document and brings about no financial consequences at the present stage. Therefore, it contains no proposals of the adoption of specific legal provisions. No detailed schedule for the implementation of new solutions and their financing has been included in the document, as these will be specified at a later stage of work. An Action Plan is to be developed in the future, containing proposals of solutions to implement the adopted assumptions, indicating entities responsible for their implementation and specifying the costs of introduced instruments and the sources for the financing of planned expenses.

Please visit the website of the Ministry of Interior in order to familiarize with the document: http://www.msw.gov.pl/portal/pl/2/10149/Rada_Ministrow_przyjela_dokument_Polityka_migracyjna_Polski.html. Further information is also available on the website of the Chancellery of the Prime Minister: http://www.premier.gov.pl/rzad/decyzje_rzadu/decyzje_z_dnia/dokument_quot_polityka_migrac,10781/