Each country that signed the Geneva accord concerning the help to refugees has a special program and rules for receiving migrants. The state undertakes to provide protection to those in need and to provide observance of their rights. The number of applicants of political asylum in Poland is growing every year. The reasons are the deterioration of climatic conditions in certain regions, the instability of the economy and military operations in the territory of different countries.
Most of the immigrants to Poland are from the former USSR countries and the territory of disintegrated Yugoslavia. In 2019, the most often received requests are from citizens of Ukraine, Syria, Chechnya, Afghanistan. Fewer refugees are from Belarus and the Crimea. The procedure for accepting foreigners in need of protection is regulated by several legislative acts at once. This is the Geneva accord (1951) together with the New York Protocol (1967), as well as the Constitution of Poland (1997) and the Aliens Act in the country (1997).
How does the process of receiving political asylum in Poland take place for Russians
Receiving political asylum in Poland for Russians, Ukrainians, Belarusians, and other citizens provides passing of a standard procedure. A monthly allowance, temporary housing, if necessary – free medical care are offered for newcomers.
The process begins with the filling of application in the territory of the country or right after crossing the border. Applicants are transported to a special camp, where other applicants are waiting for a decision. Those who have serious reasons can count on success. This may be persecution in the homeland due to religious and political views, membership of a social group, sexual minorities, etc.
For Russians who go for political asylum in Poland, the choice of region of residence is provided, if a successful deal. It is necessary to approach this question seriously because further life in this country depends on it. There is a government program with social housing, but then there is no choice – where to direct, there will have to live.
After receiving a residence permit, you can search for work, having previously learned the language in special courses. In addition, you can get a new profession. It is easier to feel at home here for those who choose cities with a national diaspora. For example, Russians, Belarusians, and Ukrainians live in Poznan and Lublin. Chechens and Georgians more likely settle near the border with Belarus because their way into the country lies here.
How to ask for political asylum in Poland correctly, so as not to get a refusal?
The rules for receiving political asylum in Poland for Russian and a citizen of another state provide different options for applying. You can directly contact the Chief Commandant at the border, where customs control is carried out. The procedure involves fingerprinting. Border guards eliminate at this stage all those who have no reason to ask for protection. Therefore, it is not necessary to expect any special loyalty from them, they can even delay the issue of the necessary forms. You should calmly press your point.
The application received from a potential refugee is transferred to the Department working with migrants and then to the Authority for aliens and repatriates. While the application is considering, a temporary identity card is issued to the applicant. Soon he is invited to an interview in the Office, the conversation is recorded. Before signing the protocol, the applicant can make additions and corrections in the document. If the document contains distorted information, you can refuse to sign it.
Necessary grounds for appeal to the authorities
If to prepare well before seeking political asylum, Poland will become much more accessible. In particular, we are talking about those grounds that will be a strong argument in favor of the applicant. According to the Convention of 1951, the applicants can expect the refugee status who:
- are outside the homeland;
- are afraid of persecution on a national, racial, political basis;
- are afraid for health and life because of belonging to a minority, social group;
- cannot return home because of the risk to life;
- does not belong to the categories which are refused with protection.
It makes no sense to go for political asylum in Poland for Russians, Ukrainians, Belarusians if the reason is the lack of housing, unemployment and poverty, and criminal prosecution. As for the last, the refusal is provided for all those who are accused of serious crimes (military, civil, etc.).
In some situations, the authorities do not consider applications at all. The reasons are as follows:
- there is no contact information;
- the applicant refuses the identification and passing a medical examination;
- the applicant has provided false information about himself;
- an application was previously refused;
- the homeland of a potential refugee is not classified as a dangerous country for living.
What conditions will be while the application is being considered?
During the consideration of an application for political asylum in Poland, the temporary documents are issued for the applicant and his family members. Such certificates are valid only within the country, their validity period is 1 month, after which new ones are issued for six months. Usually, this period is enough to receive the decision of the commission. The law says that the verdict is rendered within 3 months, but the necessity for additional information can delay the process.
For Russians who want to get political asylum in Poland, the allocation is provided in a special center. Typically, such centers are located in border areas. One of these is Dembki near Warsaw. Here people are provided with sleeping places, necessities, and food. Further, there is an allocation to 13 refugee camps in Lomze, Smozhevo, Lublin and other towns. Here, housing is provided to 3 categories of people:
- waiting for a verdict on their application;
- Ukrainians who suffered in a military conflict.
Considering that you can get a job only six months later, at first it is difficult to live on an allowance.
How does the procedure for requesting the official status take place?
Poland gives the political asylum provided for Russians confidentially. The same applies to immigrants from other countries. Information is not disclosed; the applicants do not lose their former citizenship. Refugees are given a residence permit for a period of 2 years, then there is a right for permanent residence, but before that, there are a number of formalities.
It is necessary to request the status competently addressing the application to the president of the State Administration for Foreigners. The application should contain information about all family members applying for protection in Poland. It is necessary to include in the document the name, date of birth, country of former residence, reasons for escape. Information is provided in the native language or in a well-studied one. Only properly executed documents are accepted for consideration. Therefore, it is worth knowing in advance from the lawyers all the information about political asylum in Poland: how to receive, what to tell in an interview, where to apply, etc.
What to do if you are refused?
If a positive response is received to a request for political asylum in Poland, a residence permit is issued to the candidate. Documents are processed in the Department to which the province belongs. In case of refusal, the temporary identity card is handed over to the office where it was issued, and in return, the passport is received.
Refusals are not uncommon. The reasons may be different:
- the applicant does not qualify for the Geneva Convention requirements;
- the applicant has already received status in another state;
- the applicant is suspected of criminal activity by government agencies of other countries.
The refusal can be disputed. For this purpose, an appeal is submitted to the Refugee Council. The period for the filing is 2 weeks from the receipt of a negative verdict. The document must refer to the articles of the law, which, according to the applicant, were violated. The complaint is considered within 3-4 months. The applicant has the full right to live in Poland during this period. In addition to disputing the refusal, you can apply for “humanitarian status”.
The lawyers of RPI SOLUTIONS are aware of all details of migration legislation and will help to prepare for receiving the official status. Call us to make an appointment.