Changes to the law on foreigners in Poland: how they will affect Ukrainians

22 April 2023, 09:48 | Peace
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Fleeing from the war that Russia started, many Ukrainians were forced to go abroad, including to Poland..

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According to the EWL Migration Platform, as of April 7, some changes to the Law on Aliens, signed in March by President of Poland Andrzej Dud, come into force in Poland.. Most of them relate to the illegal residence of foreigners, as well as the procedure for their deportation to their countries of origin.. Thus, Poland adapts its legislation to EU norms.

What will change for foreigners in Poland.

The ban on entry into the Schengen countries will be extended to 10 years. Previously, foreigners could be banned from entering Poland and the Schengen countries for up to 5 years..

The period of immediate departure from Poland will be reduced from 15 to 8 days from the date of receipt of the decision. Previously, a foreigner had to leave the country within 15 to 30 days.

Reduced to 7 days the time limit for filing an appeal against decisions regarding the issuance and replacement of a residence permit and a permit for "

Possibility of deportation to the consideration of the case by an independent court. If a foreigner has received a decision on deportation and has managed to file a complaint with the court, he can be forcibly deported within the prescribed period even before the court session. Previously, the decision on deportation was made only after the court session..

Decisions on the stay of foreigners are transferred to the chief commandant of the Border Guard. This applies to the issuance and replacement of a residence permit for humanitarian reasons, permission for “permissible stay”, compelling a foreigner to return. Previously, these issues were decided by the head of the Department for Foreigners. This should relieve the administration and facilitate the quick consideration of applications, including appeals for residence cards (temporary residence permit in Poland).

How do these changes affect Ukrainian citizens?.

Amendments to the Law on Aliens also apply to citizens of Ukraine.

“But in practice it cannot be applied to Ukrainians. While a war is going on in Ukraine, citizens of Ukraine are unlikely to be deported for violating.

After its completion, a citizen of Ukraine who has violated the rules of stay in Poland and has a decision to deport will be forced to leave the country,” explained Maria Kuzenko, director of the legalization department of the EWL Migration Platform..

In addition, according to the expert, if a citizen of Ukraine decides to apply for refugee status, he may be refused because of the decision to deport.

Recall that from March 1, Poland introduced new rules for the entry of Ukrainians. From the beginning of spring, Ukrainians enjoying social rights in Poland must present a diia document when entering the country.. pl.




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