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EU Membership Highlights Poland's Migration Challenges

EU Membership Highlights Poland's Migration Challenges

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them to cross the border, travel within 30 kilometers (19 miles) of the border, and stay no more than three months in any half-year period.<br />

Poland signed a similar agreement with Belarus in February 2010 and ratified it in June 2010. It will enter into force once Belarus ratifies it.<br />

Dialogue with Ukraine and Belarus about future visa agreements also takes place within the Eastern Partnership, established in 2008 with pressure from<br />

the Polish government and assistance from Sweden. The Eastern Partnership seeks to improve the European Union's political and economic ties with<br />

Ukraine, Belarus, Moldova, Azerbaijan, Armenia, and Georgia.<br />

New Regulations for Co-Ethnics<br />

In addition to seeking labor from countries to its east, Poland passed a law in September 2007 that makes it easier for those of Polish descent in former<br />

Soviet countries to settle in Poland.<br />

The Act of the Polish Chart, which went into effect in April 2008, builds on the notion of "Polish ethnicity" central to the previously mentioned repatriation<br />

program, which went into effect in 2001 and was limited to ethnic Poles from Kazakhstan. The earlier program did not succeed mainly because local<br />

authorities in Poland were reluctant to invite eligible people (necessary for a repatriation visa) at a time when <strong>Poland's</strong> economy was struggling.<br />

Today, anyone whose parents, grandparents, or at least two great-grandparents were Polish is eligible to live and work in Poland with a special document<br />

called a Polish Card or Polish Chart.<br />

Applicants must meet conditions in addition to Polish ancestry. During an interview with the consul (the authority who conducts the test and grants the<br />

chart), they have to pass a Polish language test and correctly answer questions about Polish culture and history.<br />

Chart holders are eligible for a free, long-term Polish residence visa and eventually Polish citizenship. Chart holders also get access to free emergency<br />

medical care, reduced fees for public transportation, and free entrance to museums. However, they are not eligible for welfare benefits.<br />

According to the report of the Chancellery of the Prime Minister, 44,080 people had applied for a Polish Chart as of April 2010. Most of the applicants<br />

were from Ukraine (23,423), Belarus (14,509), Lithuania (2,414), and Russia (1,427).<br />

Illegal <strong>Migration</strong><br />

Although it is difficult to assess the scale of illegal migration to Poland, those who are in the country without authorization generally cross the border with<br />

fake documents or are brought to Poland by human traffickers and smugglers. Others overstay their visa or enter Poland as tourists but work in the<br />

shadow economy.<br />

<strong>Poland's</strong> Border Guard caught more illegal immigrants in the first month after joining Schengen (600 people from December 2007 to January 2008) than<br />

in all of 2007 (423 people). The one constant: 95 percent of those caught were from the Russian republic of Chechnya. Most Chechens come to Poland to<br />

seek asylum. In 2009, Poland deported 1,514 foreigners and issued some form of deportation order to 8,527 others.<br />

According to the most recent report on unauthorized immigrants in Poland (Undocumented <strong>Migration</strong>: Counting the Uncountable), no studies estimate the<br />

country's total number of unauthorized immigrants. However, Ukrainian citizens dominate the population of unauthorized migrant workers, according to<br />

the report.<br />

Vietnamese are the only group researchers have studied in any depth. The <strong>Migration</strong> Policy Unit at the Ministry of Interior and Administration claims that<br />

probably one in two Vietnamese living in Poland is an irregular immigrant, which translates to 12,000 to 22,000 people.<br />

<strong>Poland's</strong> strict approach to migration policy is evident in its amnesty programs, which have had requirements that most of those illegally residing in<br />

Poland could not meet.<br />

After its 2003 amnesty, which as mentioned earlier required continuous residence of five years, the government held another amnesty from July 2007<br />

until January 2008 whose requirements were even stricter. For example, the applicant had to present a legal entitlement to occupy their place of<br />

accommodation and proof of their financial stability.<br />

While 3,500 people applied for the first amnesty, just 2,028 immigrants submitted applications for the second one. Vietnamese composed the majority of<br />

these applicants (1,125), followed by Armenians (577), Ukrainians (115), Russians (43), Chinese (42), and Mongolians (35). As of July 2008, only 554<br />

foreigners had succeeded in regularizing their status; 172 received negative decisions.<br />

The European Union's European Pact on Immigration and Asylum from 2008 has pushed Poland to combat illegal employment. Since January 2009,<br />

border guards, in addition to <strong>Poland's</strong> National Labor Inspection, can check the legality of foreigners' employment. Of the 1,617 firms inspected in 2009,<br />

12.5 percent employed foreigners illegally, and 6.8 percent of all foreigners checked did not have permission to work in Poland, according to the Report of<br />

Polish National Contact Point to the European <strong>Migration</strong> Network.<br />

Integration Policy<br />

Poland still lags other <strong>EU</strong> countries in implementing comprehensive integration policies. In fact, Poland has not defined integration in any legal document<br />

to date. Until recently, integration focused only on those with refugee status and returning Polish emigrants, known as repatriates.<br />

Under the Act on Repatriation, repatriates are entitled to reimbursement of the cost of transportation, education in Poland for minor children, a<br />

settlement and maintenance grant, and a free course in the Polish language; the government will also reimburse their Polish employer for bonuses, social<br />

insurance, equipment, and vocational training.<br />

<strong>Poland's</strong> first integration programs, in the early 1990s, targeted refugees from the former Yugoslavia. It was only in 1996 that the concept of integration<br />

of refugees was introduced into the Polish legislation. Since then it has been within the competence of local governors (voivodes) to coordinate the<br />

measures for integration of refugees in their voivodships.<br />

The main unit responsible for immigrant integration management at the national level is the Department of Social Assistance and Integration in the<br />

Ministry of Labor and Social Policy. The unit determines the whole area of social assistance. Therefore, immigrant integration is only a small part of its

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