European Migration Network

A new EMN-OECD study examines how third-country nationals in EMN Member Countries face skills mismatch in the labour market. It focuses on labour migrants as well as those arriving via family reunification, beneficiaries of international protection (BIP) and Beneficiaries of temporary protection (BoTP). Drawing on contributions from 25 EMN National Contact Points and using OECD comparative analysis in measuring skills mismatch, this study highlights key barriers such as limited language proficiency, difficulties in recognising qualifications and discrimination. It also shows how countries are responding through national, local and employer-led measures to improve skills recognition, language support and access to more suitable employment.

The European Migration Network (EMN) has published the study "Trafficking in human beings - the international dimension”, outlining efforts by 25 EMN Member and Observer Countries to combat trafficking in human beings. The study examines policies aligned with the EU Strategy on Combating Trafficking in Human Beings 2021-2025. Prioritised thematic areas include crime prevention, victim protection, law enforcement coordination, and prosecution of perpetrators. Many countries focus on specific third countries, regions, or migrant groups, reflecting tailored approaches to address trafficking risks effectively.

The report examines the various ways in which TCNs engage in illegal employment and the challenges faced by both workers and authorities. It offers an up-to-date analysis of key legislative and policy frameworks, as well as practices to prevent, identify, and tackle illegal employment, including beneficiaries of temporary protection (BoTP).

This EMN study reviews the integration of applicants for international protection in the labour market, and offers a thorough and current examination of the of legislation, policies and practices related to the integration of international protection applicants into the job market in EMN Member Countries.

We kindly invite you to read the new publication EMN Study: Integration of migrant women in the EU and Norway: Policies and measures

The study provides an overview of how migrant women are targeted in integration policies across EU Member States. It offers examples of integration measures tailored to facilitate integration of migrant women in different areas including civic integration, labour market, education and language learning, accommodation, and health.

We kindly invite you to read the new publication EMN Study: Third-country national victims of trafficking in human beings: detection, identification and protection.

It focuses on how do EU Member States, Norway and Georgia tackle human trafficking of third-country nationals. The latest study from the European Migration Network (EMN) maps the framework at EU and national level relevant to the detection, identification and protection of presumed victims.

Year of publication: 2019

The overall aim of the Study is to inform the target audience (e.g. practitioners, policy officers, decision-makers at both EU and national level including academic researchers and the general public, the Commission and the European Asylum Support Office) on the application of integration support measures for beneficiaries of international / humanitarian protection in relation to labour market access and participation, identifying existing policies and good practices. More specifically the Study aims to:

• Review the legal and policy framework concerning labour market access rights, reviewing in particular the existence and occurrence of administrative and practical obstacles to access the labour market; Analyse similarities and differences in the organisation and content of labour market integration policies for beneficiaries of international/humanitarian protection;
• Examine which employment-related support measures Member States offer to beneficiaries of international/humanitarian protection, investigating the extent to which these can and are being accessed by the target group;
• Examine the availability of tailored employment-related support measures to beneficiaries of international/humanitarian protection (i.e. special provisions which are different from those available to third-country nationals legally residing in the (Member) State territory);
• Examine whether and to what extent Member States grant similar rights and benefits regarding labour market access and employment-related support measures to refugees and to beneficiaries of subsidiary and humanitarian protection, identifying any differences in the treatment of the statuses as well as overall differences between refugees and beneficiaries of subsidiary and humanitarian protection on the one hand and legally residing third-country nationals on the other; To the extent possible, seek to identify good practices concerning Member States’ policies on labour market access/participation and the provision of employment-related support measures to refugees, beneficiaries of subsidiary and humanitarian protection.

The purpose of this report is to provide an overview and analysis of the conditions in place in Poland that regulate the changes of status between different categories of third-country nationals as well as to examine how a change of status impacts on the rights of a third-country nationals. In many (Member) States, there is no systematic overview of whether (and which) status changes are possible. The aim of the EMN study is therefore to address this gap.

The issues related to the possibility to change the purpose of stay of foreigners have not yet been subject of an extensive public debate or discussion among experts dealing with migration to Poland. This topic was touched up to a small extent only in the context of foreign students and the scope of economic activity that they are allowed to conduct after completing their studies, as well as the change of purpose of stay, and in the context of graduates of Polish universities who seek employment in Poland. The discussions led to necessary amendments to the law.

The provisions of the current Act on Foreigners are flexible in allowing foreigners to obtain another residence permit (without having to travel to the country of origin) in the event of a change in the circumstances that constitute the reason for their stay in Poland. The foreigner in general does not have an obligation to leave Poland, if he/she submits an application for a residence permit by the set deadline (on the last day of his/her legal stay at the latest).

The change of residence status in Poland is possible with respect to an overwhelming majority of permits. The only existing restrictions result from the necessity to adjust Polish provisions to migration-related directives.

The aim of this EMN Focussed Study is to provide an overview and analysis of the conditions that regulate the changes of status between different categories of third-country nationals in the 24 EU Member States, which have submitted their National Reports for this Study. In this report, the concept of changes in the purpose of stay is interpreted rather broadly, covering any request for a different permit to stay than the original permit, by any category of third-country national whose (temporary or long-term) stay is authorised in a Member State. 

The Study specifically covers the following main research points:

• Mapping of the national legislation / policies available to third-country nationals covered by the present study and rights acquired by these thirdcountry nationals;
• Identification of the national rules on changes in purpose of stay that (can) apply to the categories of migrants covered by this Study;
• Examination of the various rights that are granted to the categories of migrants who benefit from each particular status and the impact of changes of status on the rights of these migrants;
• Comparison and assessment of the different national policies in place for changes in purposes of stay, identifying the main drivers from the perspective of national legislators;
• Identification of specific measures in place in the Member States to facilitate changes in statuses of migrants in the categories covered by the Study;
• Analysis of the challenges associated with the implementation of these policies;
• Collecting good practices and lessons learnt in devising secure and administratively-friendly systems for implementing status changes of legally admitted third-country nationals.

The aim of this focus study prepared by the European Migration Network is to summarize and evaluate different methods used in Poland in order to ensure effective informing of irregular immigrants about the possibilities of return, including voluntary return and assisted voluntary return. The overall objective of this study is to identify solutions, which have been addressed to and/or have proven to be effective in reaching those irregular immigrants who have no contact with the authorities in the country of residence. However, in order to ensure comparison and wider context it will also gather information on national policy and practical actions aimed at illegally staying migrants in general.

There are still no specific legislation relating to dissemination/transfer of information on the return in Poland. The basic guidance for the people responsible for informing the foreigners about the opportunity to take advantage of the programme of voluntary return and rules concerning the dissemination of above-mentioned information have been regulated in the most important documents regarding the management of return migration in Poland. 

These are, among others, the Act on foreigners of 2013, Agreement between the Minister of Interior and Administration and International Organisation for Migration on cooperation in terms of voluntary returns of 2005, Algorithm of conduct in case of foreigners applying for assistance in voluntary return from Poland of 10 July 2014 and “Migration policy of Poland – current state and postulated actions” together with implementation plan. 

Information on voluntary return

The main aim of this study was to identify approaches that have either targeted and/or have proven effective in reaching out to those irregular migrants who are not in contact with the authorities. In order to provide a wider context, the study also gathered information on Member States’ policies and practices with regard to the dissemination of information on voluntary return more generally.

In exploring the different tools, content and format of information provision, the study provides an assessment of the extent to which these factors influence the effectiveness of uptake of voluntary return. To the extent possible, it seeks to identify practices that have proven particularly effective and the factors which made them effective. 

The specific Study’s main aims are to:

• Provide available information on the estimated scale of irregular migrant populations in the Member States and an overview of the main problems faced in disseminating information to those who are not in contact with the authorities;
• Describe national approaches to disseminating information on voluntary return to irregular migrants in general and to those not in contact with authorities, including the content of information provided;
• Describe the role that different actors in contact with an irregular migrant play in informing them about the possibilities for voluntary return;
• Provide details on tools, approaches and campaigns employed specifically to reach out to irregular migrants who are not in contact with the authorities;
• Assess general dissemination practices to inform irregular migrants about voluntary return in order to draw out good practices in disseminating information to those who are not in contact or are unknown to authorities; and
• Present evaluative findings on the effectiveness of different tools and techniques of disseminating information on voluntary return to migrants not in contact with the authorities specifically.

The purpose of this report is to present the policy on admitting business immigrants which is currently performed in Poland. Among other things, the actions which Poland takes in order to facilitate and encourage business immigrants to come to Poland, rate in which the particular entities get engaged in performing the actions encouraging the foreigners to run business activity in Poland, the most often signalised barriers concerning admitting the business immigrants as well as the scale of migration in Poland connected with business activity, and also undesired effects, i.e. misusing the business migration route were analysed.

Over the last years, there is a growing interest in applying migration policies to increase the attractiveness of certain countries in the context of locating in them foreign capital investments. The countries interested in attracting business migrants present a wide range of approaches to the issue of shaping systemic and/or practical solutions in terms of the entry and residence provisions addressed to this type of migrants. It is worth highlighting that more and more countries decide to introduce special admission programmes addressed exclusively to foreign investors and entrepreneurs. Within the programmes often fast-track admission procedures are introduced, exclusions from the need to fulfil integration requirements and the accelerated process of family reunification as well as facilitated settlement through issuing long-term residence permits or accelerated access to the naturalization procedures is offered. 

In Poland, entrepreneurship among migrants so far has not been widely and comprehensively discussed in relation to the Polish migration policy. It seems that in the context of this debate much more space is being devoted to labour and educational migrations. The system of foreigners’ admission to Poland does not currently provide any special migration channel/special programme addressed to the foreigners coming to Poland for business purposes within which any specific entry and stay facilitations are guaranteed in a systematic way. It does not however mean a lack of Poland’s interest in increasing the inflow of investments and a number of foreign entrepreneurs. The provisions in the key documents of the strategic nature clearly demonstrate that the inflow of those migrants to Poland is perceived by the decision-makers as highly desirable and constitutes a major development impulse. It translates into a range of actions (among others promotional ones, creating of the system of incentives etc.) which are to encourage investors to invest their capital in Poland. 

International migration and mobility for business purposes is a phenomenon related to the increasing globalization of investments, business and services. To remain an attractive destination for investors, business owners and other business immigrants, Europe must develop strategies to maximise the opportunities of legal immigration, including through coherent and efficient rules on admission.

The aim of this EMN Study is to take stock of the trend of offering specific programmes to attract and admit non-EU investors and/or business persons and to compare the ways, and extent to which, EU Member States’ existing legal and policy measures are used to facilitate and attract the entry and stay of thirdcountry nationals for business purposes whilst safeguarding against misuse. The Study also includes a review of the admission of other third-country nationals who travel to the EU for business reasons under the EU Free Trade Agreements. 

This report contains a list of answers to 59 questions contained in EMN questionnaire, which all EMN Member States and Norway were asked to fill in 2014. In the case of Poland information provided by the Office for Foreigners; the Aliens Department and the Border Department of the Border Guard, Department of Family Policy and Department of Labour Market at the Ministry of Family, Labour and Social Policy, as well as by International Organisation for Migration office in Warsaw were supplemented with data presented in reports and studies prepared by the Office of the Ombudsman for Children, Office of the Human Rights Defender, as well as non-governmental organisations. In addition, the report also includes articles and presentations available on various institutions’ websites, including poviat centres for family support and municipal social welfare centres, as well as previously unpublished comments and opinions concerning the situation of unaccompanied foreign minors presented by experts during formal and informal meetings.

This Synthesis Report presents the main findings of the 2014 EMN Study Policies, practices and data on unaccompanied minors. The study aims to update the findings of the 2008-2009 EMN study Policies on reception, return and integration arrangements for, and numbers of, unaccompanied minors and to provide up-to-date information and comparable data on the numbers and state of protection of unaccompanied minors (UAMs) arriving in Europe. The study has a special focus on the following issues identified as knowledge gaps:

• Entry procedures and arrangements in place for UAMs who are not in the asylum process, including those who entered irregularly and/ or are victims of trafficking;
• Unaccompanied minors who abscond or go missing from care facilities – their profile, reasons for absconding and policies/ practices to prevent this and/ or reduce harm when they go missing;
• Arrangements to support the transition to adulthood for UAMs turning 18; and
• Policies and practices in place for (voluntary) return of unaccompanied minors.

This study submitted by the National Contact Point to the European Migration Network in Poland has been prepared in close cooperation with the Border Guard – the main institution responsible for overall aspects of detention and with the Office for Foreigners – institution in charge of granting international protection.

The study specifies the categories of third-country nationals which can be detained in Poland and the grounds for detention related to each of these groups. Moreover, the conditions in the detention centres have been presented. To some extend the study provides information on the scale of detention in Poland, however data demonstrates only the total number of third-country nationals that were subject to this measure in the respective years.

The study has been finalized in a very significant moment – when new Act on Foreigners, introducing a possibility of use of the alternatives to detention, entered into force (1st May 2014). For that reason facts related to the detention reflect both previous and newly introduced legal provisions, whereas information related to alternative measures are limited only to the description. As the possibility of applying the alternatives to detention exists in the Polish legislation only since 1st May 2014, there was not possible to demonstrate any statistical data and to identify best practices in this regard. 

The study aimed to identify similarities, differences and best practices with regard to the use of detention and alternatives to detention in the context of (Member) States’ immigration policies. More specifically it aims to:

• Provide information on the scale of detention and alternatives to detention in each Member State by collecting statistics available on the number of third-country nationals (by category) that are subject to these measures;
• Identify the categories of third-country nationals that can be subject to detention and/or provided an alternative to detention;
• Compare and contrast the grounds for placing third-country nationals in detention and/or providing alternatives to detention outlined in national legal frameworks, as well as the assessment procedures and criteria used to reach decisions on detention in individual cases;
• Identify and describe the different types of detention facilities and alternatives to detention available and used in (Member) States;
• Collect any evidence of the way detention and alternatives to detention contribute to the effectiveness of return policies and international protection procedures.

The aim of this focused study of the European Migration Network is to summarize the major challenges faced by national authorities competent for the organization and conduct of effective and sustainable returns of third country nationals in an irregular situation. This study relates in particular to two return measures: entry bans and readmission agreements. To a limited extent, the study also refers to the synergy between entry bans and readmission agreements on the one hand, and the possibility of providing assistance to foreigners during their reintegration in the country to which they return on the other hand.

The overall objective of this study is to understand the extent to which EU Member States, including Poland, use entry bans and readmission agreements in order to strengthen national return policies toward foreigners.

This EMN Focussed Study presents an analysis of (Member) States use of entry bans and readmission agreements with a specific focus on their practical application and effectiveness, whilst also identifying good practices in their use, including possible synergies, in the implementation of return and reintegration measures. The Study’s main aims were to:

• Analyse similarities and differences between Member States concerning the legal and institutional framework on entry bans;
• Explore the practical application of entry bans by mapping and reviewing whether Member States make use of a graduated approach (including withdrawal/suspension of entry bans and in what circumstances); and investigating cooperation mechanisms between Member States;
• Analyse the effectiveness of entry bans by reviewing available statistical evidence on their impacts, exploring practical implementation challenges; and identifying any good practices;
• Explore the practical application of readmission agreements distinguishing between agreements concluded by the EU level and by Member States with third countries on a bilateral basis and specifying the extent to which such agreements are used in the context of forced and voluntary returns;
• Collect new statistical evidence on the use of readmission agreements, exploring practical challenges to their implementation and identifying good practice for their use;
• Briefly compare the possible synergies between entry bans and readmission agreements on the one hand and reintegration assistance on the other hand as tools to assist Member states in their implementation of return policies more broadly.

The social security system in Poland includes: social insurance and security system, health insurance system, social assistance, unemployment benefits and family benefits. In the context of the model of migrants' access to the benefits under the social security system in Poland, one has to conclude that it is mostly based on the insurance system. This means that the vast majority of social policy programs operates in Poland on the principle of insurance – i.e. the employees and/or employers pay appropriate contributions, which entitle employees to receive benefits. Only such benefits as social assistance, family benefits, long-term care are of non-contributory character (financed by state budget).

The purpose of this study is to map the policies and administrative practices that shape thirdcountry nationals’ access to social security, including healthcare. The study aimed, firstly, to outline the formal EU and national rules that shape entitlements to social security and healthcare for third-country nationals in EU Member States. Secondly, it aimed to examine how these entitlements compare to the entitlements of Member State nationals. Thirdly, the study aimed to investigate the administrative practices that determine how the formal rules on eligibility for thirdcountry nationals are applied in specific cases, especially when implementing the ‘habitual residence test’ and other eligibility rules that contain a discretionary element. Finally, the study aimed to review the reciprocal agreements that exist between EU Member States and third countries that affect the entitlement to social security and healthcare of certain groups of migrants. The study does not focus on the take-up by migrants of the various social security payments available, although this issue forms an important political backdrop to the study. 

The phenomenon of trafficking in human beings is often referred to as “the slavery of our times”. The key issue in counteracting this practice is, doubtlessly, the appropriate identification of potential victims. Neither the identification of potential victims of human trafficking within the procedure of granting the refugee status in Poland nor the execution of the decision obliging the foreigner to leave the country have been subjects of many debates at the national forum in Poland. Nevertheless, national expert claim that the insufficient identification of victims of human trafficking in the procedures for granting international protection as well as forced returns is a loophole in the national system of preventing human trafficking. This study presents urgent challenges that Polish national authorities responsible for preventing the trafficking in human beings have to respond to, in particular in the context of new, identifiable threats and problems faced by the system of preventing trafficking in human beings (in place since the mid 1990s). Reference to the ways of implementing recovery actions was also made.

The aim of the Study was to examine whether, and how, potential victims of trafficking in human beings are detected and identified in these procedures in (Member) State. The study concerned both applicants for international protection and ‘failed’ applicants in forced return procedures who have received a (final) negative decision on their application(s) for protection or have abandoned the procedure. The Synthesis Report is based on the findings presented in 24 National Reports and developed in collaboration with the European Commission, EMN NCPs and the EMN Service Provider.

Poland has experienced a significant increase in the number of applications for international protection, in particular submitted by the citizens of the Russian Federation (of Chechen origin) and of Georgia (in 2009, 2012 and 2013). A sinusoidal change in the number of persons applying for protection in Poland does have an impact on the management of the system of facilities for foreigners seeking the refugee status in Poland (the so called reception centres); the system should flexibly address the arising challenges. Regardless of a considerable improvements in managing the system of reception of foreigners in Poland recorded in recent years, the limited budgetary funds, inflexible procedures for selecting entities administering facilities for foreigners, and inadequate staff, which characterise the national system of reception centres in Poland, still result in problems in the efficient functioning of the system. 

The main aim of this EMN Focussed Study was to identify good practices and existing mechanisms for flexible, efficient reception facilities whilst maintaining quality of reception conditions. The Study was prepared on the basis of National Contributions from 24 EMN NCPs. The organisation of reception and the provision of dignified standards of living to applicants for international protection is complex. The reception of applicants is often characterised by strong fluctuations in applicant numbers, requiring a high degree of flexibility in the organisation of reception. Moreover, (Member) States must ensure that the applicant’s entitlement to request protection and dignified reception standards are met, whilst ensuring efficient processing of claims for protection and prevention of misuse of the asylum system. Whilst harmonised reception standards have been introduced at EU level, this study highlights both similarities and differences in the type, nature and organisation of reception facilities across Member States. 

While EU citizens, in line with the Treaty on the European Union, have the right to move and reside freely on the territory of Member States, only certain categories of migrant workers may benefit from rights in terms of intra-EU mobility, on the basis of the EU acquis. Regardless of certain special principles facilitating the movement of the abovementioned groups of migrants within the EU, their legal status in another EU country never results in automatic granting of the analogous status in Poland. These foreigners acquire the various rights, to which this group of migrants is entitled (inter alia in the field of family reunification, access to the labour market and benefits from the social assistance system) under EU Directives, only after obtaining appropriate residence permit legalising their stay in Poland. Groups of third-country nationals who are not provided for the mobility right by the EU Directives are covered by the national legislation of Member States.

The study aimed, firstly, to provide an overview of current mobility provisions within the EU acquis to encourage the intra-EU mobility of third-country nationals and to explore also the national rules in place that regulate such movements. Secondly, it aimed to identify the key issues on intraEU mobility for third-country nationals as perceived by the different Member States, in particular the challenges/barriers which may be affecting such mobility for reasons of work. Finally, the study aimed to ‘map’ the extent to which statistics are available on the scale and scope of intra-EU mobility of third-country nationals in order to characterise, to the extent possible, the current trends and patterns of mobility, for example, who is moving where and from which Member States, their reasons for mobility, their nationality and skills levels. The focus of the study is on periods of stay in the second Member State exceeding three months. Irregular movements of third-country nationals between Member States were not included in the study.

I mmigration of international students is of increasing importance for numerous countries, including Poland. However, internationalisation of the Polish higher education, measured by the percentage of foreigners in the total number of students, must be considered extremely low (still below 1%).

For many years, universities have been the main actors influencing the policy of foreign student recruitment. At the level of the state, for many years there has not been any comprehensive and consistent strategy for internationalisation of universities.

The analysis of recent activities however shows a positive shift in the approach of the state to educational migration to Poland in the context of a decreasing number of potential students due to subsequent generations from the period of population decline reaching the university starting age.

The problems with recruiting students to Polish universities belong also to key determinants of the migration policy as evidenced by the strategic documents of the government in the years 2009-2012.

The EMN Study "The Immigration of International Students to the EU” provides an overview of the immigration and mobility policies currently implemented by the Member States to allow international students to enter the EU for the purposes of study. Such policies aim to attract and facilitate the entry of international students whilst at the same time preventing misuse of the international student route to migration. The Study’s focus is on the migration of international students to the EU, It does not include migrants who come to the EU for another purpose, even if they subsequently decide to undertake a course of study.

The purpose of this focussed expert study of the European Migration Network is to summarise signifi cant challenges faced by national bodies when it comes to identifi cation of the people applying for international protection (i.e. the refugee status and subsidiary protection) in the case of absence of relevant documentation and returns of the people whose applications were rejected.

This study concerns identifi cation of foreigners as a process aimed at identifying a foreigner for the needs of proceedings for granting international protection in Poland and, in the case of a negative decision, obtaining a travel document for the foreigner to organise his/her return to the country of origin. Identifi cation of a foreigner includes determining and/or confi rming the applicant’s personal data (fi rst name and surname), the country of origin and citizenship. Determining the foreigner’s citizenship and/or country of origin is important to evaluate the situation in the applicant’s country of origin and determine the reasons that substantiate granting international protection. In the case of issuing a negative decision to a foreigner under proceedings for granting international protection, which entails an order to leave Poland, determining the applicant’s country of origin will defi ne the actions to be taken under the expulsion procedure.

The overall purpose of this study was to provide an overview of challenges facing national authorities in their efforts to establish the identity of applicants for international protection and for the return of rejected applicants, often in the absence of (valid) documentation. It also presents an overview and analysis of national practices and identifies several best practices plus sheds light on the possible effects that the absence of (valid) documentation has on third-country nationals’ application for international protection, or for the return to their (presumed) country of origin following a negative decision.

Immigration to Poland is generally driven by financial reasons – migrants are interested in taking up employment, which allows them and their family members to have a higher standard of living in their country of origin; the difference in the levels of remuneration offered definitely make Poland more attractive for foreign nationals. It is common, with a few exceptions, to treat Poland as a workplace and maintain “home” in the country of origin at the same time.

The gradual simplification of access to the Polish labour market for foreigners introduced by the authorities, including in particular the pilot “simplified” system for short-term employment of workers (from eastern neighbouring countries) without the need to obtain a work permit, was of great importance not only by stimulating supply of necessary workers, but also as a tool for fighting against grey economy in Poland. The simplified system (“declaration-based”) will be described in detail in the second part of the Report. It needs to be emphasised that it is not one of the typical circular migration programmes based on international bilateral agreements and developed for the purpose of attracting “guest workers”, which were applied in some Western European countries. Nevertheless, it includes some elements encouraging this form of mobility.

The second channel of temporary immigration to Poland is related to taking up and continuation of studies. In this group of immigrants, students of Polish origin clearly stand out; not only do they outnumber other students, but also, unlike their colleagues from Western European or African states, they treat Poland as a country where at least some of them may start their professional career. Foreigners of Polish origin may expect some preferential treatment regarding migration to Poland. For years, there have been some actions taken towards this group as a kind of moral compensation for all the barriers and impediments limiting their contacts with their homeland in the years preceding political transformation. 

The study was undertaken by twenty four of the EMN National Contact Points (EMN NCPs) from Austria, Belgium, Bulgaria, Czech Republic, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Slovak Republic, Slovenia, Spain, Sweden and United Kingdom and serves to respond to the request from the Council, through its Council Conclusions and the Stockholm Programme, regarding further exploration and development of circular migration as an integral part of EU migration policy. Temporary and circular migration are receiving increasing policy interest within the EU as forms of migration which have the potential to satisfy labour demand, whilst ensuring return, and providing benefits to both the migrant and the country of origin.

The Polish authorities noted the fact that foreigners abuse the argument of family relationships in order to legalise their stay in Poland, but despite the increasing number of identifi ed abuses, the scale of the problem remains rather small and does not require far-reaching amendments to the national law. Taking into account the specifi c nature of family relationships and the right to privacy of each human being, Poland, as other EU Member States, tries to maintain the balance between the respect for family integrity (i.a. by implementing the EU regulations on family reunion) and the respect for the law and the protection of state interests (i.a. by measures aimed at identifying and counteracting undesirable phenomena, including also the cases where family relationships presented as the reason justifying the right of foreigners to stay on the territory of Poland are used by the foreigners to circumvent the law). 

This Synthesis Report presents the main findings of study which responded to a growing concern amongst (Member) States that the right to family reunification may be misused as a route into settlement in the EU. The aim of the Study was to identify the scale and scope of two instances of misuse, namely marriages of convenience and false declarations of parenthood, and to provide clear evidence, to the extent possible (i.e. where the misuse was detected), including available statistics, of these types of misuse, and how best to address them. The Study summarises also (Member) States’ current practices in the detection and prevention of misuse. 

This report is an attempt to systematise the current knowledge on the possibility of satisfying the Polish labour demands through migration. This report is composed of four parts, first of them concerning the subject matter and the methodology applied, where the set of notions used in Poland to describe the issues related to the foreigners participation on the Polish labour market, including related definitions, are discussed. The second part of the report aims to systematize the current state of knowledge on economic policy of Poland and contemporary migration orientations and evolution of the Polish approaches to the foreigners on the Polish labour market. Third part concerns current legislation and political strategies in the area in question – discussing these issues can be quite a challenging task as until now there is no comprehensive model incorporating the issue of foreigners on the labour market. Further in this report we examine the demand from small and large businesses and from agricultures and natural persons running their own businesses for employing foreigners on the Polish labour market. Reference has also been made to the available statistical data showing the extent of this phenomenon and the official ways foreigners currently use to access the Polish labour market. The last part of the document presents a short analysis of cooperation of Poland with Third Countries in the field of labour migration. As a supplement to the third party relevant statistical data have been attached.

The study was undertaken by twenty-three of the EMN National Contact Points (EMN NCPs) from Austria, Belgium, Bulgaria, Czech Republic, Estonia, Finland, France, Germany, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg Netherlands, Malta, Poland, Portugal, Slovak Republic, Slovenia, Spain, Sweden and United Kingdom. In keeping with the EMN’s objectives, the overall purpose of this study was to identify those sectors experiencing shortages in the Member States, to outline the national strategies for addressing labour market needs with third-country national migrant workers and to gain an understanding of the perceived effectiveness of these strategies, including examining the impact of the recent economic downturn and recovery on them. The study covers the period from 2004 up to end of 2010 though statistics are provided up to the end of 2009.

The main aim of this Report is to outline the general organisation of the system and legislation terms in the area of visa policy as well as to understand the existing strategies which promote (or do not promote) legal and long-term migration of foreigners to the territory of the Republic of Poland. The main tool for carrying out this objective of the state’s migration policy is the visa regime in Poland. This Report includes an overview of national legal and organizational framework for implementing actions aimed at promotion of long-term migration to Poland. The analysis includes also those elements of the Union acquis in the area of visa policy organization and migration flow management which had an undeniable influence both on the evolution of this issue in the Polish legislation and on actions carried out inside the country, as well as on the cooperation with other third countries.

The main aim of the study was to analyse the possible nexus between visa policy and migration management. The Study firstly aimed to examine the effects of visa policy on the management of migration, both in terms of facilitating legal migration and preventing irregular migration. In addition, the study aimed to generate evidence concerning the effectiveness of different strategies to use visa policy to manage migration, including cooperation with third countries, particularly concerning facilitation and bilateral/multilateral agreements and highlighting best practice, as well as helping to contextualise national policies and practices by providing an overview of policy in this area across the EU. Finally, the Study aimed to explore the effects of EU policy and legislation on national policymaking and practices

This report is an attempt to compile knowledge on assisted voluntary returns of foreigners leaving the territory of the Republic of Poland, an institution that did not exist in the Polish legal order until 2003. While it refers to the laws of the Member States relating to establishing common standards for expelling individuals in a humane way and with full respect for human rights and dignity, it also strives to describe the evolution of organisational and legal arrangements that are currently (as of 31 December 2009) applicable in this area within the territory of Poland. It also presents a list of legislative and non-legislative measures that have been implemented in the Polish migration system referring to voluntary returns of foreigners. 

The purpose of the study was to map the different forms of Assisted Return that are in place in the EU Member States, thereby facilitating a comparative analysis and providing a basis to support any further policy development at national and EU level that might be undertaken. It does this by outlining inter alia the various approaches of Assisted Return programmes of the Member States in order to identify lessons learned, best practices and possible synergies to further develop and improve Assisted Return programmes in the EU.

The main aim of this Report is to provide an overview of knowledge on the state's policy towards illegal migration, as well as to outline the overall organizational structure of national border management system and of national legislation on migration. Information contained herein gives an overview of legal and organizational basis for controls aimed at establishing the legality of stay or employment, and for enforcing returns of foreigners who are staying in the territory of Poland illegally. 

The overall purpose of the study is to provide an overview of existing approaches, mechanisms and measures to reduce irregular migration in the EU and Norway. In particular, its aim is to inform policymakers and practitioners about the practical measures that have proved effective and proportionate in addressing the issue of irregular migration, both in relation to prevention and in providing pathways out of irregularity, including best practice and to contextualise national policies and practices within the overall EU policy framework. A further aim was to present the available statistics and the methods of data collection used by (Member) States to estimate the irregular migrant population.

This report is an attempt to systematise the knowledge on the wide range of protection statuses granted to foreigners on the territory of the Republic of Poland—various instruments that have been developing gradually in the Polish legislation system since the interwar period. The first act that regulated the situation of foreigners in Poland was the Regulation by the President of the Republic of Poland on foreigners of 13 August 1926. The subsequent stages included: introduction of the institution of an asylum in art. 75 of the Constitution of the People‘s Republic of Poland dated 22 July 1952; accession of Poland (1991) to the Geneva Convention Relating to the Status of Refugees dated 28 July 1951 and to the Protocol of 1967; then adoption of the new Act on foreigners of 13 June 2003 and a separate Act on granting protection to foreigners within the territory of the Republic of Poland. The aforementioned acts are subject to continuous amendments, fully reflect the evolution of the approach to protection granted to foreigners on the European and international scene, and refer to regulations in force in the EU Member States that concern the creation of common standards related to providing protection for those who seek it in a humanitarian manner that guarantees observance of human rights and personal dignity

The aim of the study was to analyse the different national practices concerning the granting of non-EU harmonised protection statuses, i.e. everything which is neither Temporary Protection, as defined in the Temporary Protection Directive 2001/55/EC1 , nor Refugee and Subsidiary Protection, as defined in the Qualification Directive 2004/83/EC2 . This Synthesis Report aims to summarise and compare, within a European perspective, the findings from 23 National Reports (Austria, Belgium, Bulgaria, Czech Republic, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Netherlands, Malta, Poland, Portugal, Slovak Republic, Slovenia, Spain, Sweden and the United Kingdom), prepared by the National Contact Points of the European Migration Network (EMN NCPs). The period covered by this study is up to mid-2010.

The interest in issues of unaccompanied minors in Poland, both on the part of state administration organs and non-governmental organizations has lasted for nearly a decade. In 2003, the Act on granting protection to foreigners within the territory of the Republic of Poland entered into force, with a separate chapter devoted to unaccompanied minors seeking to obtain the refugee status. Successive changes in the law were made in the following years in order to ensure the best possible care for this group of children. The problems faced by unaccompanied minors in Poland are also in the field of interest of the Ombudsman for Children, who during the nine years of his office’s existence many times was engaged in solving the complicated individual cases and, on his own initiative, took actions aimed at the cognition and improvement of the situation of unaccompanied minors in our country.

This report is an attempt to present the situation of unaccompanied minors in Poland, in particular those applying for refugee status or covered by any type of protection, unaccompanied minors without a normalized legal status and foreign children identified as victims of trafficking in human beings. The report concerns mainly on the minor third country nationals. Issues connected with the situation of unaccompannied minors being European Union citizens are tackled only when it is indispensable for obtaining a better picture of the situation of foreign children in Poland. 

The purpose of the study was to fill a knowledge gap on policies on unaccompanied minors in the EU, ranging from an assessment of the identified motivation(s) and circumstance(s) for entering the EU, to entry procedures, reception arrangements, including integration measures, detention, return and identified best practices. In addition, the available statistics on unaccompanied minors were collated.

This report provides an overview of Polish migratory system which belongs, in large part, to state department of the interior. The Minister of Interior and Administration is responsible for the general coordination of activities of the State with regard to migration and asylum policy. Other major actors include the Head of the Office for Foreigners and the Border Guards (both supervised by the Minister of Interior and Administration), the Ministry of Labour and Social Policy, the Ministry of Foreign Affairs, the interministerial Committee for Migration – advisory organ to the Prime Minister, the Refugee Board (II instance in refugee proceedings), local authorities (voivods) and administrative courts. Nongovernmental organisations and research institutes may, to certain extent, have an impact on national legal arrangements concerning migration and asylum, however their role is rather limited – mainly to advisory activities. 

The purpose of this EMN study is to provide an overview of the organisation of asylum and migration policies in the EU Member States. This includes inter alia the institutional context, the Ministries involved, basic laws and regulations and other organisations dealing with immigrants. The reference period of the study was up to December 2008.