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PL Poland

Which ministry has overall responsibility?

Ministry of the Interior and Administration

Analyses and Migration Policy Department is a leading body coordinating the activities related to migration policy in Poland.

The Department for Citizenship and Repatriation is responsible for dealing with all matters concerning the acquisition of Polish citizenship and the repatriation of foreign citizens of Polish origin, who wish to relocate permanently to the Polish Republic.

Moreover, the Ministry of the Interior and Administration is responsible for carrying out the policy to combat trafficking of human beings (Anti-trafficking website).

Moreover, the Ministry of the Interior is responsible for carrying out the policy to combat trafficking of human beings (Human Trafficking Unit at the Migration Policy Department – in Polish).

Are there other ministries involved? Ministry of Family, Labour and Social Policy
The Ministry of Family, Labour and Social Policy is responsible for structuring the general concept and strategy of employment policy, for integration policy, for social policy and for taking care of the appeal procedure for work permits. The Ministry prepares the legal framework governing the employment of foreigners and their access to the Polish labour market.
Ministry of Foreign Affairs
The Ministry of Foreign Affairs is in charge of visa policy. It also performs tasks related to the Polish diaspora and development assistance.
Diplomatic missions and consular posts abroad
Missions abroad issue visas to non-EU citizens.
Ministry of Science and Higher Education
The Ministry of Science and Higher Education is responsible for developing, implementing and promoting policy related to science and higher education (including terms and conditions for studying at the level of higher education). It also recognises foreign credentials for both academic and professional purposes.
Ministry of Economic Development

The Ministry of Economic Development promotes business by supporting innovation and entrepreneurship. It develops and implements economic policy and defines the business environment for foreigners intending to carry out business activity in Poland.

Are there decentralised entities? The Voivode

The Voivode is an authority representing the government in a specific region.

The Voivodes process residence permit applications submitted by non-EU citizens, work permits (in first instance) and issue decisions on expulsion. They also supervise social assistance centres.

Units of social assistance at the local and regional level

Social assistance centres and powiat centres for family support are responsible for payment of cash benefits as well as non-financial assistance. Regional social policy centres focus on cooperation with providers and organisers of social assistance (for example NGOs).

Regional and local labour offices

While regional labour offices are inter alia tasked with creating regional labour market policy, local labour offices provide various support to unemployed people, including certain categories of foreigners (registration of unemployed people, paying unemployment benefits, job placement, career counseling, guidance, vocational information, organising trainings, internships, short term employment and job fairs) and play important role at an early stage of the procedure for employing a foreigner (i.e. they register declarations of employers on their intention to employ a foreigner).

What are the implementing agencies? Head of the Office for Foreigners

The Office for Foreigners, under the supervision of the Ministry of Interior and Administration, is responsible for granting international protection (refugee status or subsidiary protection) and asylum (in first instance) and taking care of the appeals for decisions related to return and residence permits issued by the Voivodes.

Bureau for Academic Recognition and International Exchange

The Bureau coordinates, organises and conducts recruitment of foreigners for scholarships and internships in Poland. It also provides support to the State Commission for the Certification of Proficiency in Polish as a foreign language.

Border Guard

The Border Guard is responsible for: border controls and authorisations to enter (issuing appropriate decisions i.e.: to refuse entry to the territory of Poland), receiving applications for refugee status, issuing and enforcing return decisions from the territory of Poland, conducting controls of the legality of foreigners’ stay and employment.

Police

The Police is responsible for controlling the legality of foreigners’ stay, rendering decisions on the obligation to leave the territory of Poland as well as participating in the removal procedure.

Chief Labour Inspectorate

This authority conduct controls on the legality of foreigners’ employment and on performed work by foreigners as well as on management principles of the employment agencies for foreigners (including those for temporary employment). However its competence is limited toward certain types of labour agreements.

Are there general immigration policy papers?

Main strategic document “Migration policy of Poland – the current state of play and the further actions” was cancelled in October 2016. Poland is preparing the new strategic document about migration policy.

Migration Issues are also developed in the following document:

Are there impact assessments, studies and reports available?

The Polish National Contact Point (PNCP) works under the Analyses and Migration Policy Department of the Ministry of Interior and Administration. The activities carried out by the PNCP for the European Migration Network result in the preparation of many relevant reports and studies in the field of immigration and integration (i.e. Annual Policy Reports). These are available on the following websites: www.emn.gov.pl, https://ec.europa.eu/home-affairs/what-we-do/networks/european_migration_network_en

Demographic Yearbook of Poland 2016, Central Statistical Office.

"Sytuacja demograficzna Polski. Raport 2014-15" [Demographic situation of Poland. 2014-2015 Report], Government Population Council.

"Recent trends in international migration in Poland - the 2012 SOPEMI Report", Centre of Migration Research, University of Warsaw.

"Polish immigration policy – opportunities and challenges for the labour market", Institute of Social Policy at the University of Warsaw’s Journalism and Political Science Faculty (2010).

"Poland - Return and regularisation procedures as possible responses to the phenomenon of irregular migration"; [in:] "Policies on irregular migrants - Volume III: France, Portugal and Poland", Council of Europe Publishing (2010).

"Relative openness. Polish visa policy towards Belarus, Moldova, Russia and Ukraine", Stefan Batory Foundation(2009).

"Transformacja nieoczywista. Polska jako kraj imigracji" [Unobvious transformation. Poland as a country of immigration], Centre of Migration Research, University of Warsaw (2010).

"Migration and the Economic Crisis: Implications for Policy in the European Union", IOM Thematic Study (2010).

"Praca przymusowa cudzoziemców w Polsce" [Forced labour of foreigners in Poland], Centre of Migration Research, University of Warsaw (2014).

"Transformacje. Przewodnik po zmianach społeczno-ekonomicznych w Polsce” [Transformations. Guide to the social-economic changes]. Centre of Migration Research, University of Warsaw (2016).

"Migrants as Agents of Change" Centre of Migration Research, University of Warsaw (2016).

Additional publications:

What is the key legislation?

Code of Administrative Procedure, 14 June 1960, in Journal of Laws of 2000, No. 98, item 1071, with amendments (Code of Admin. Procedure).

Foreigners Act, 13 June 2003, in Journal of Laws of 2011, No. 264, item 1573, last amendment 21 July 2012 (Act on Foreigners).

Regulation of the Minister of Interior and Administration on visas for foreigners, 22 April 2011, in Journal of Laws of 2011, No. 99 item 579 (Regulation on visas for foreigners).

Social Assistance Act, 12 March 2004, in Journal of Laws of 2009, No. 175, item 1362, last amendment 8 June 2012 (Act on Social Assistance).

Promotion of Employment and Labour Market Institutions Act, 20 April 2004, in Journal of Laws of 2008, No. 69, item 415, last amendment 1 September 2012 (Act on promotion of Employment and Labour Market institutions).

Regulation of the Minister of Labour and Social Policy on the procedure and conditions of issuing a work permit to foreigners, 29 January 2009, in Journal of Laws of 2009, No. 16, item 84 (Regulation on Work Permit).

Regulation of the Minister of Labour and Social Policy on performance of work by foreigners without the necessity of obtaining a work permit, 20 July 2011, in Journal of Laws of 2011, No. 155, item 919 (Regulation on foreigners performing work without the necessity of work permit).

Regulation of the Minister of Labour and Social Policy on special cases in which work permit is issued to foreigners regardless of detailed conditions of issuing work permit, 29 January 2009, in Journal of Law of 2009, No. 16, item 85, as amended 14 December 2010.

Regulation of the Minister of Labour and Social Policy on the amount of handling fee charged when submitting an application to issue a work permit, 17 October 2007, in Journal of Law of 2009, No. 195, item 1409.

Residence Registrations and ID Documents Act, 10 April 1974, in Journal of Laws of 2006, No. 139, item 993, last amendment 15 August 2012 (Act on Residence Regulation and ID).

Polish Citizenship Act, 2 April 2009, in Journal of Laws of 2012, item 161 (Act on Polish citizenship).

Card of the Pole Act, 7 September 2007, in Journal of Law of 2007, No. 180, item 1280.

Results of employing illegally staying third-country nationals in the Republic of Poland Act, 15 June 2012, in Journal of Laws of 2012, item 769 (Act on results of employing non-EU nationals illegally staying in the Republic of Poland).

Freedom of Economic Activity Act, 2 July 2004, in Journal of Laws of 2010. No. 220, item 1447, last amendment 1 January 2012 (Act on freedom of economic activity).

Occupations of a Doctor and Dentist Act, 5 December 1996, in Journal of Laws of 2012, No. 277, item 1634, last amendment 9 February 2012 (Act on Occupations of Doctor and Dentist).

Administrative Court Proceedings Act, 30 August 2002, in Journal of Law 2002, No.153, item 1270, with amendments (Act on Admin. Court Proceedings).

System of Education Act, 7 September 1991, in Journal of Law 2004, No. 256, item 2572, last amendment 1 September 2012 (Act on System of Education).

Regulation of the Minister of National Education on the admission of persons with no Polish citizenship to public preschools, schools, teacher trainings institutions and units as well as on the organisation of extra Polish language classes, extra compensatory lessons and language and culture of origin courses, 1 April 2010, in Journal of Law 2010, No. 57, item 361.

Higher Education Act, 27 July 2005, in Journal of Laws of 2012, item 571, last amendment 30 June 2012 (Act on Higher Education).

Regulation of the Minister of the Interior and Administration on charges for residence card and other documents related to foreigners, 18 August 2003, in Journal of Laws of 2003, No. 151, item 1472 (Regulation on charges for residence card and other documents).

Regulation of the Minister of the Interior and Administration on the amount of financial means that a foreigner entering the territory of the Republic of Poland should possess, and documents which may confirm the possession of the required amount, 22 December 2008, in Journal of Laws of 2008, No. 235, item 1611 (Regulation on the amount of financial means).

Regulation of the Minister of Labour and Social Policy on the minimum amount of financial means that a foreigner is taking up, or undergoing studies, or participating in scientific research at the territory of the Republic of Poland should possess, and documents which may confirm the possession of the required amount, 16 December 2009, in Journal of Law 2009, No. 222, item 1766.

Regulation of the Minister of Interior on the minimum wage required for a foreigner to be granted residence permit for fixed period for the purpose of highly qualified employment, 29 June 2012, in Journal of Laws of 2012, item 779 (Regulation on the minimum wage required for a foreigner to be granted residence permit for a fixed period for the purposes of highly qualified employment).

Regulation of the Minister of Science and Higher Education on rules of taking up and undergoing studies and trainings by foreigners and their participation in scientific research and development work, 12 October 2006, in Journal of Laws of 2006, No. 190, item 1406, last amendment 6 November 2009 (Regulation on foreigners undertaking and continuing education).

Access Polish legislation online

What are the national scientific research and statistical offices on immigration?

Central Statistical Office of Poland

Analyses and Migration Policy Department, Ministry of the Interior and Administration

Statistical data on immigration are also available on the website of the: