Poland's New Migration Strategy: What Should Ukrainians Expect?

The top story in Poland this October – the new migration strategy.

It was announced by Prime Minister Donald Tusk at a meeting of the Polish government. Notably, this came as no surprise to political analysts, as Tusk had previously spoken about his desire to regulate the migrant situation at congresses of the ruling alliance "Civic Coalition".

Ukrainians in Poland have grown accustomed to the fact that legislation concerning their legal status is constantly being updated. Will the new migration strategy become a catalyst for further changes? What can Ukrainian citizens expect – including those who crossed the border after 24 February 2022? Let's explore this below.

What Is the New Migration Strategy?

It is a set of ideas and proposals framed as a project titled "A Comprehensive and Responsible Migration Strategy for Poland 2025–2030". The purpose of these proposals is to establish transparent and safe rules for immigration to the country. In other words, Poland aims to take control of migration processes and provide clearer, more structured rules for the residence and integration of foreigners.

Below, we will examine the key aspects of Poland's new migration strategy.

When Will the New Migration Strategy Come Into Force?

At this point, the new migration strategy is only a draft. The document currently under discussion still needs to be approved by various bodies and adopted by the government. Once that happens, detailed implementation plans will be developed. The strategy is expected to be rolled out in two phases: by 2027 and by 2030. In 2027, the strategy will be reviewed and, if necessary, revised.

Security as a Priority

Poland's new migration policy is first and foremost about national security. The current Polish government is seeking to control migration flows, regulate their scale, and essentially determine which countries of origin are higher or lower priority. Polish authorities also advocate strengthening the external borders of the European Union. The German approach – reinstating internal border controls – is considered less effective in Poland.

Suspension of the Right to Asylum

Poland may temporarily suspend the right to asylum in exceptional circumstances. This step is intended to limit access to the country for those who use the asylum system as a means of illegally crossing the border. Poland also wants to close its borders to potentially dangerous individuals.

In his address to members of parliament in the Sejm, Donald Tusk emphasized that Brussels is aware that Russia and its allies are using foreigners to destabilize the situation on the Polish-Belarusian border. The Polish Prime Minister declared readiness to defend the Polish border using various legal instruments.

It is worth noting that the migrant situation escalated back in 2021, when large numbers of migrants from the Middle East and North Africa began arriving at the Belarusian border with Poland, Lithuania, and Latvia. Polish authorities believe that Russian and Belarusian intelligence services are deliberately turning the border into a zone of tension.

Incidentally, the "temporary territorial suspension of the right to asylum" announced by Tusk is the element drawing the most criticism across Europe. A European Commission spokesperson stressed that access to asylum procedures is part of the international and European obligations of EU member states. Meanwhile, Poland is critical of EU migration policy and considers the European "Pact on Migration and Asylum" overly simplistic.

National Return Programme

One of the key components of the new migration strategy is the development and implementation of a national return programme. This programme envisages the creation of mechanisms for the voluntary and forced return of foreigners whose presence in Poland is deemed "unjustified or undesirable". The national return programme will have two tracks: 1. Voluntary return. Foreigners in Poland may decide they wish to return to their home countries and subsequently receive assistance from the Polish state. 2. Mandatory return. If a citizen of another state fails to comply with Polish law, the mechanism of forced return to their home country will be applied.

Changes to the Legalization of Foreign Nationals

The new migration policy introduces two main changes to the legalization of foreign nationals' residence. 1. Digitization of legalization processes. The application procedure is expected to be moved online. This will streamline the process and reduce the burden on regional offices. 2. Addressing the problem of intermediaries submitting unfounded applications. Poland aims to reduce cases where foreigners obtain residence permits without a genuine need for them.

Changes to Obtaining Polish Citizenship

Poland is tightening the process of obtaining its citizenship. In particular, a "citizenship test" will be introduced – similar tests exist in many countries. The test will assess knowledge of the Polish language, history, and traditions.

Changes to Obtaining Repatriate Status and the Karta Polaka

The procedures for granting repatriate status and the Karta Polaka (Polish Card) will be reviewed and reformed. The government wants to eliminate abuses in the system while at the same time expanding support for repatriates. Online Polish language learning programmes are being developed specifically for them.

Integration Programmes

The new migration strategy places emphasis on the integration of foreign nationals, rather than their assimilation. Poland wants to create conditions in which foreigners show respect for Polish norms and values and participate in the life of society.

For foreigners who go through the procedure of obtaining international or national protection, the new strategy provides for participation in comprehensive integration programmes. For the largest migrant groups – Ukrainians, for example – the programmes will be tailored. An important component of these programmes will be learning the Polish language.

Such programmes will promote the social and economic integration of migrants into society. In the future, if a foreigner in Poland does not actively participate in an integration programme, they will be denied a permanent residence permit or Polish citizenship.

The new strategy also includes measures to combat religious radicalization and cultural practices that contradict Polish law. Those who violate established norms and rules may be deported.

Changes for Foreign Workers on the Polish Labour Market

As part of the new migration strategy, Poland will seek to avoid excessive dependence on labour migration.

The government acknowledges that the labour market faces a worker shortage that can and should be filled by foreigners. At the same time, Polish authorities are concerned that an influx of foreign workers may slow down modernization and automation processes in the economy. Which foreigners will have access to the Polish labour market?

• Citizens of Organisation for Economic Co-operation and Development (OECD) countries (currently comprising 37 countries; Ukraine is not among them, though EU countries are, as well as Colombia, Chile, Mexico, and others).
• Citizens of countries with which Poland or the European Union has readmission agreements (*mutual obligations between states that include, among other things, the return of foreigners who have arrived in or are staying in a foreign country illegally).
• Foreign nationals with unique or valuable skills and professions that cannot be filled by workers from Poland.
• Foreigners invited by employers to carry out strategic investments for the economy or defence.
• In all cases, the wage levels of foreign workers must match those of local employees.

Good news for foreign workers in Poland: the government is announcing enhanced inspections of employment agencies. The authorities aim to eliminate violations, protect workers' rights, and create a more transparent system of employing foreigners.

Points-Based System for Workers from Abroad

In the context of unique professions, a noteworthy proposal is the Polish authorities' intention to introduce a points-based system for foreign workers. The new migration strategy proposes adopting a system that works successfully in the United Kingdom and Canada. Points will be awarded for significant professional competencies. This way, foreigners in various professions will hold a higher or lower "rating" in the eyes of the country.

Changes for Foreign Students

Poland plans to prevent situations where students from abroad treat education as a formality – solely as a means of obtaining the right to work. Stricter admission requirements are expected to be introduced. In particular, applicants' language proficiency will be assessed, as will confirmation that they have actually commenced their studies.

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