International protection for Ukrainians in Poland: The Office for Foreigners has made an important statement

The growing number of applications for international protection by Ukrainians in Poland has prompted the Office for Foreigners to issue an important clarification. Find out what the commentary is about, who is eligible for this status, what restrictions it entails, and what alternatives exist to legalize your stay

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The official website of the Office for Foreigners in Poland has posted an important message for Ukrainians. It reports a significant increase in the number of applications for international protection from Ukrainian citizens, especially men. The main reason for such appeals is the fear of mobilization and other civic duties. However, according to the agency, these circumstances are not sufficient grounds for granting international protection. More details about the essence of the application, as well as the peculiarities of granting international protection, are described further in the article.

International protection for Ukrainians: commentary of the Office for Foreigners

Since mid-2023, the Office for Foreigners has recorded a significant increase in applications for international protection from Ukrainian citizens. A particularly large proportion of such applications are filed by men. Fear of mobilization was one of the main reasons for the applications. However, the Office for Foreigners emphasizes that since military service and the performance of civilian duties are legal, this is not considered a sufficient basis for international protection.

“It should be emphasized that fear of mobilization and other civilian duties is not in principle a prerequisite for justifying the granting of refugee status or subsidiary protection,” the Office for Foreigners notes.

At the same time, according to the agency, “observations and circumstances of the applications show that a large group of applicants perceive the international protection procedure as a quick way to legalize their stay.” This is of significant concern, as the temporary protection granted to Ukrainians in connection with military operations on the territory of Ukraine provides adequate protection and assistance. Therefore, applications for international protection should be considered “as applications that do not serve the realization of the applicants' need for protection”. Moreover, the general trend towards an increase in the number of applications “should be perceived as an abuse of the international protection system in force in the Republic of Poland”.

You can find out the difference between international protection and temporary protection in our previous article.

The Office for Foreigners in Poland also warns about the facts of dishonesty of certain intermediaries in international protection cases. The procedure for submitting documents and considering the case is free of charge, and the presence of a representative does not guarantee a positive decision or faster consideration of the case. Persons who submit an application without reasonable fears of return to their country of origin may be accused of deceiving a public official, which entails criminal liability.

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International protection: what is it and who can get it?

International protection is a legal status granted to persons seeking asylum due to persecution or danger in their country of origin. It includes refugee status and complementary protection. Refugee status is granted to persons who are persecuted because of their political opinion, race or religion. Complementary protection is granted if return to the country of origin would lead to serious harm, such as the death penalty, torture or other inhuman acts.

Application procedure and possible restrictions

You can apply for international protection when entering Poland at a border crossing point or in the country at a Border Guard unit. While the application is being processed, the applicant's passport is confiscated and the person is not allowed to leave Poland. Legal employment is also prohibited. It should be borne in mind that filing an application for international protection cancels the rights granted by temporary protection.

In addition, Ukrainians applying for international protection should be prepared for an interview at the Office for Foreigners and should provide detailed explanations of the reasons for their application.

It is worth noting that the Office also emphasized that the consequence of all these circumstances is that the processing time of applications is increasing and today the estimated time for consideration of the case is approximately 15 months.

If you are looking for professional assistance in matters of migration and legalization of your stay in Poland, we recommend that you contact Visit Ukraine's migration lawyers. They will provide qualified advice and support at every stage of the process, help you choose the best legalization option, taking into account your individual circumstances.

Do not risk your status abroad - order a qualified consultation from Visit Ukraine lawyers!

We remind you! Due to the migration crisis on the Polish-Belarusian border, the Ministry of the Interior of the Republic of Poland has decided to introduce a number of amendments to the current legislation. Read about the reasons for the draft law and the changes it will bring to Ukrainians in our previous article.

Photo: tk-smart-legal.pl

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