In recent months, lawyers from the Helsinki Foundation for Human Rights Legal Assistance for Refugees and Migrants Program regularly received information from foreigners, who were granted the permit for tolerated stay in Poland, about problems associated with issuing resident cards. The above information was confirmed during conversations between the Program’s lawyers and officials from the Office for Foreigners.(03-NOV-07)
Written by Agnieszka Chmielecka/ HRH Warsaw
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Currently, the waiting period for issuing the resident card (this card confirms the foreigner’s identity during his/her stay within the territory of the Republic of Poland, as well as the lawfulness of the stay, and entitles him/her, along with the travel document, to cross the border on multiple occasions without the need to have a visa) is more than 6 weeks. Polish citizens wait maximum 1 month for the documents, what means, in the opinion of the Foundation’s lawyers, that foreigners, who have to wait ca. 6 weeks for the documents, are treated unequally and this in turn violates the provisions of the Polish Constitution. Also, the Office for Foreigners does not provide certificates confirming the acceptance of documents required to issue these documents. Such a certificate confirms that the foreigner submitted an application on time and in turn proves that he/she is not at fault for not possessing an up-to-date identity document.
Foreigners face many problems due to these delays. Inter alia, social welfare centers demand to see certificates confirming the timely submittal of documents necessary to receive a resident card before paying out due benefits and the police or border guard may even detain such a person until his/her status is clarified. At this moment, foreigners have no effective means of asserting their rights.
The HFHR has turned to the Head of the Office for Foreigners requesting intervention in this case.
