Poland

Update from September 2022:

As of December 2021, the Office for Foreigners reported a total of 311 ‘stateless persons’ and persons of ‘unknown nationality’ holding a valid residence permit, of whom 282 are registered as 'without nationality’, and 29 with ‘undefined nationality’. In 2021, there were eight applications for international protection lodged by stateless people and eight by people of ‘undefined nationality’. Three stateless people were granted refugee status. There was an increase in the number of applicants for international protection recorded as ‘Palestinian’, from 1 person in 2020 to 17 in 2021.

The most recent UNHCR Global Trends Report records 1,387 stateless people including forcibly displaced people in Poland, at the end of 2021.A footnote to the data states that: “[t]here is no official data on statelessness in Poland. The reported figure refers to the number of stateless persons holding a personal identification number issued by the Government, which does not cover all stateless people in the country.”

Stateless people and people at risk of statelessness fleeing Ukraine face difficulties when seeking admission and protection in Poland. Identity checks in case of lack of documents causes delays. Poland adopted the special act on assistance to citizens of Ukraine in connection with the armed conflict on the territory of that country. However, it does not extend temporary protection to stateless people who did not benefit from international protection or have permanent residence in Ukraine. They also face a risk of detention. There have been reports of discrimination against Romani people fleeing the conflict in Ukraine.

New resources on Poland now available include:

2021 Statelessness Index Survey
Country briefing on access to protection for stateless refugees from Ukraine in Poland (in English, Ukrainian and Russian)
ENS blog, A missed opportunity to address childhood statelessness in Poland (June 2021)
Court of Justice of the European Union, Rzecznik Praw Obywatelskich, C-2/21 (June 2021)

Although Poland is party to some relevant human rights instruments, it has not acceded to any of the core statelessness conventions. Its data on stateless populations in the country is unreliable, and there is no dedicated statelessness determination procedure. Some stateless people may regularise their stay through alternative administrative procedures, for example, during return or removal proceedings, but there are significant protection gaps. Stateless people can be detained solely to confirm their identity, and their protection needs are not considered during detention procedures. There is a legal route to naturalisation for stateless people in Poland, but residency and documentation requirements present significant barriers.

There is a safeguard in Polish nationality law to prevent statelessness in the case of adopted children and foundlings, and the law provides for the acquisition of nationality by a child born to unknown or stateless parents on the territory. However, it does not prevent statelessness in the case of children whose foreign parents cannot confer their nationality, and there are practical obstacles to acquiring Polish nationality for children born abroad to same-sex parents, which are discriminatory and may result in statelessness. Legal residence of the parents is not required for birth registration, and although Poland has received UPR recommendations on access to birth registration, there are no current reports of barriers to birth registration.

Information below by theme was last updated in March 2021.

Last updated:

Mar 2021

Country expert(s):

Katarzyna Przybyslawska, Halina Niec Legal Aid Center

Additional resources

Country survey data (2021)

ASSESSMENT KEY

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ADDITIONAL INFO

NORMS & GOOD PRACTICE

International and Regional Instruments

Assesses whether countries are State party to the relevant international and regional instruments, including whether reservations have an impact on statelessness, and whether instruments are incorporated into domestic law. The four core statelessness treaties (1954 Convention relating to the Status of Stateless Persons; 1961 Convention on the Reduction of Statelessness; European Convention on Nationality; Council of Europe Convention on the Avoidance of Statelessness in Relation to State Succession) carry more weight than other relevant human rights instruments in the assessment.

Poland has not acceded to any of the four core statelessness conventions, though it has signed the European Convention on Nationality. It is party to all the other relevant regional and international human rights instruments, except for the Convention on the Rights of Migrant Workers, but does retain some reservations and declarations, for example in relation to its interpretation of the Convention on the Rights of the Child. As an EU member state, it is bound by the EU Return Directive.

The 1954 Convention

Poland is not State party to the 1954 Convention.

The 1961 Convention

Poland is not State party to the 1961 Convention.

Other Conventions

Poland has signed but not acceded to the European Convention on Nationality. It did not enter any reservations at the time of signature. It is not State party to the European Convention on the Avoidance of Statelessness in Relation to State Succession.
Poland is party to the European Convention on Human Rights with no reservations and is bound by the EU Return Directive.
Poland is party to all other relevant international treaties except for the Convention on the Rights of Migrant Workers and Members of their Families. However, it entered two declarations to the Convention on the Rights of the Child relating to its interpretation of certain articles in line with 'Polish customs and traditions' and 'principles of morality'; and it has reservations to the Convention Against Torture relating to confidential inquiries and arbitration.

Statelessness Population Data

Examines the availability and sources of disaggregated population data on statelessness. Provides recent figures and assesses reliability of measures countries have in place to count stateless persons, including in the census, population registries, and migration databases. Notes whether statelessness has been mapped in the country and whether there are sufficient measures in place to count stateless persons in detention.

The Polish Government publishes disaggregated data on the number of ‘stateless’ people in the Polish census and data on the number of stateless people holding various types of residence permits, but overlapping terms, such as ‘undetermined nationality’ are also used, making figures unreliable. As there is no legal definition of a stateless person in Poland, the authorities use and interpret the term inconsistently and different government departments use different overlapping terms and definitions. There is no published data on stateless people in detention, though some figures are collected by the Polish Border Guard. A mapping study on statelessness in Poland was published by UNHCR in 2019.

Availability and sources

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The terms 'stateless' and 'undetermined nationality' were included in the last (2011) census: 2,020 people self-identified as ‘stateless’, and in 8,805 cases no nationality was established (most people in this group were homeless and/or undocumented). Census data is disaggregated by gender and place of birth (Poland or abroad).
The Polish authorities use and interpret the term 'stateless' inconsistently and do not apply a uniform definition. The Border Guard applies a multitude of partially overlapping terms and there are no estimates for undocumented stateless people, so the numbers are likely an underestimate.
Different government departments use different terms, including 'without nationality' and 'undefined nationality', as well as ‘stateless person’, defined as 'a foreigner of no state affiliation, stripped of nationality or claiming to be a national of an unrecognised state'. People with ‘unknown nationality’ are those not defined as stateless, who do not claim to be a national of any state, who claim potential affiliation with many states, or who are not recognised by a State of which they claim nationality. People whose ‘nationality was not confirmed’, are those with no identity documents whose personal details (including nationality) are accepted based on oral statements, and subsequently verified.
UNHCR estimates for the stateless population in Poland are based on data from the 2011 census. UNHCR published a mapping study of Statelessness in Poland in September 2019. NGO, Halina Niec Legal Aid Center, published a study on statelessness in Poland in 2013.
According to the Ministry of Digital Affairs there were 1,328 stateless people registered in the PESEL register (Polish Civil Registry) in 2016. In March 2021, the Office for Foreigners reported that there were 317 ‘stateless persons’ and people with unknown nationality holding a valid residence permit in Poland (284 ‘stateless’ and 33 ‘unknown nationality’). The Office for Foreigners also publishes statistics on applications for international protection and legalisation procedures, and decisions issued.
Separate data sources record the number of stateless asylum seekers, recognised refugees and people with other types of residence. In 2020, there were 13 applications for international protection lodged by stateless persons and four stateless people were granted refugee status. As of March 2021, 40 stateless persons were holding valid residence permits as recognised refugees and 13 holding subsidiary protection.

Stateless in detention data

The Polish Border Guard, responsible for immigration detention in Poland, does not publish statistical information on the nationality of people held in immigration detention but it does collect this internally.

Statelessness Determination and Status

Identifies whether countries have a definition of a stateless person in national law that aligns with the 1954 Convention, and whether they have a dedicated statelessness determination procedure (SDP) leading to a dedicated stateless status. If an SDP is not place, it assesses whether there are other procedures in which statelessness can be identified or other routes through which stateless people could regularise their stay or access their rights. Countries are subdivided in three groups to enable comparison between those with an SDP leading to protection, those with other procedures, and those with a statelessness status but no clear mechanism to access protection. The existing procedures and rights granted to stateless persons are examined and assessed against international norms and good practice. Assesses whether stateless people fleeing war have access to temporary protection.

Poland does not have a dedicated SDP, but statelessness may be identified through other administrative procedures. There is no legal definition of a stateless person and no procedure is tailored to identifying statelessness, but it can be raised as legally relevant during asylum, return or removal procedures, for example. Authorities are not obliged to consider a claim to be recognised as stateless and there is no guidance for the assessment. Procedural safeguards in international protection and other administrative procedures vary, including legal aid for appeals or judicial review, interviews in some cases, interpreters, and decisions in writing. There is no ‘stateless’ status but rather the possibility to receive a permit for tolerated stay or humanitarian stay with a right to work, healthcare and social assistance.

Definition of a stateless person

There is no definition of a stateless person in Polish law.

Training

No formal statelessness training is provided to government officials, judges or lawyers on a regular basis.
Halina Niec Legal Aid Center has organised ad hoc training on statelessness in cooperation with ENS for Border Guard officials and staff of the Office for Foreigners.

Existence of a dedicated statelessness determination procedure (SDP)

There is no dedicated statelessness determination procedure in Poland, but there are alternative administrative procedures through which statelessness can be identified.
There is no stateless status nor legal definition of a 'stateless person', and although statelessness may arise as a legally relevant fact in different proceedings, none are tailored to make a determination.
Relevant procedures include the procedure for granting international protection and return proceedings as they typically include a component of identification, nationality assessment and determining country of origin and/or return. Regularisation proceedings may be of relevance but have limited scope. For undocumented stateless people, amnesty proceedings are relevant, but these are not regularly accessible.

Procedures in which statelessness can be identified and other routes to regularisation

Statelessness may arise as a legally relevant fact in different proceedings, but none are tailored to make a determination, nor state this as an explicit objective. Relevant procedures include international protection, return proceedings, regularisation proceedings, and amnesty proceedings.
Return proceedings may result in stateless people being granted a residence permit for humanitarian reasons (if specific conditions are met) or in a tolerated stay permit (if the person cannot return).
The procedure for granting protection is centralised (Office for Foreigners). Regularisation and return proceedings are conducted locally by the Voivode’s Office (local administration) and the Commander in Chief of the relevant division of the Border Guard respectively.

Access to procedures

The identification of statelessness is part of the more general identification process and the assessment of nationality. There are no legally set criteria, but rather technical steps taken by the authorities to ensure that the administrative proceedings may continue. To determine the person’s nationality or statelessness, authorities examine all available sources of information and evidence, as well as the nationality laws of the declared country of origin.
There are no obligations in law for the authorities to consider a claim for stateless status, and no clear instructions on how to make a claim.
There is no standard training for officials on statelessness, though some ad hoc training may take place.
The authorities responsible for carrying out administrative procedures (protection or return proceedings) cooperate with the Border Guard for the identification of the person and their nationality.

Assessment

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There is no ‘stateless status’ in Polish law, but in the process of identification - including the assessment of nationality - the burden of proof is shared between the individual and the authorities and the standard of proof is the same as in asylum applications.
There are no guidelines prescribed by law for decision makers. The process of identification - including the assessment of nationality - is carried out by the Border Guard relying on their internal verification procedures.

Procedural safeguards

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Free State-funded legal aid is provided at the appeal stage of international protection procedures and at judicial review for administrative proceedings. There is no free legal aid for return proceedings.
Interviews are mandatory for the international protection procedure (except in manifestly unfounded applications) and any legally relevant fact should be disclosed during the interview. There is no obligation to interview the person in return proceedings.
Interpreters are provided free of charge in international protection and return proceedings whenever necessary.
Decisions are given in writing and with reasons in line with general rules for administrative procedures.

Protection

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Access to rights is conditional on the type of residence permit granted to stateless people, as they are not entitled to any rights on the sole basis of their statelessness.
A person identified as ‘unreturnable’ (including stateless people) during return proceedings is issued with a renewable permit for tolerated stay, valid for two years, provided that the country of former habitual residence will not accept them. Tolerated stay regularises their stay in Poland but does not entitle them to a travel document.
Those with tolerated stay are entitled to work without obtaining an additional work permit, and they have access to healthcare and some forms of social security assistance, but they must report to the Commander in Chief of the relevant Border Guard Division and notify them of any change to their place of residence, and they are not allowed to travel abroad.
A person subject to return may be issued a residence permit on humanitarian grounds in certain circumstances if their return would result in a breach of specific fundamental rights. The residence card is valid for two years and may be renewed. People with a humanitarian stay permit are entitled to work without the need to apply for a work permit, and they have access to healthcare, social security, a travel document and may apply for family reunification.
People with a permit for humanitarian stay are eligible for family reunification, while those with a tolerated stay are not.
Neither humanitarian stay nor tolerated stay permits allow the holder to enjoy the right to vote in elections in Poland.
Stateless people staying irregularly have access to emergency healthcare only.

Temporary protection for people fleeing war

coming soon

Data on temporary protection will be added with the next update in March 2023

Detention

Analyses law, policy and practice relating to immigration detention generally, but focusing on protections in place to prevent the arbitrary detention of stateless people during removal and deportation procedures. Subthemes examine areas such as the identification of statelessness and assessment of whether there is a reasonable prospect of removal, procedural safeguards such as time limits, judicial oversight, and effective remedies, as well as the rights granted to stateless people upon release from detention and protection against re-detention.

Powers to detain in Poland are far-reaching and there are few protections against arbitrary detention of stateless people. For example, there is no requirement for a country of removal to be set prior to detention. The identification of statelessness during removal procedures may make removal unenforceable and lead to a permit for tolerated stay, but there is no provision establishing statelessness as a juridically relevant fact nor detention as a last resort (though alternatives are prescribed in law). There are some procedural safeguards and remedies for detainees, but there are obstacles to accessing legal aid. A permit for tolerated stay may be granted on release with access to some basic rights including to work, education and healthcare.

Immigration detention

Powers to detain and grounds for detention are provided for in the Act on Foreigners and the Code of Criminal Procedure. An application to detain or prolong detention is issued by the Border Guard, but detention can only be authorised by written court decision.
A final assessment of the country of removal is not a precondition for ordering detention.
Nothing in law provides protection for a person identified as stateless during a detention procedure and there is no SDP to refer into, but identification may render a removal decision unenforceable and lead to granting a permit for tolerated stay (and release).
NGOs providing legal assistance in detention centres have identified stateless people and people at risk of statelessness.
When deciding on a detention order, the court must consider non-custodial measures, but no provision establishes that detention is a last resort.
Statelessness is not defined as a factor increasing vulnerability. Although there are specific grounds prohibiting detention in certain cases (unaccompanied minor asylum seekers, unaccompanied minors under 15 years-old, those presumed to have been subjected to violence, threat to life or health, disabled asylum seekers), there is no legal procedure for carrying out assessments before taking a decision on detention. In practice a basic vulnerability screening is carried out on arrival at the detention centre.

Identification of statelessness

coming soon

Information and analysis coming soon

Procedural safeguards

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The Law on Foreigners specifies a maximum time limit of 18 months, and there are specific (shorter) time limits for the detention of asylum seekers.
Decisions ordering detention are given in writing with reasons and all detainees are provided with written information in a language they understand on their rights, obligations, and contact details for NGOs and UNHCR.
Detention can only be ordered and extended by a decision of the court, at the request of the Border Guard, which constitutes a de facto periodic review of detention. If removal is deemed unenforceable, a permit for tolerated stay is granted and the person is released, but there are no set deadlines in law or practice for what constitutes a ‘reasonable time’.
People detained have the right to appeal the detention order and extension to the court within seven days and the court has seven days to examine the request. In practice the courts take around three weeks to decide the appeal. A detainee can also file an application for release to the Border Guard if they believe there is a high probability that they will be granted protection. If refused, this decision can be appealed.
The law specifies that if a return order is issued for someone without documentation, the Border Guard should file a motion for redocumentation to the relevant authorities of the country of origin. If redocumentation is impossible, the Commander in Chief of the Border Guard may issue a Temporary Polish Travel Document valid for seven days to enable the person to cross the border. The law does not specify the process for assessment of nationality and redocumentation and no deadlines are set.
Currently due to a shortage of funds, no Polish NGOs provide free legal aid to detainees unless they are in the international protection procedure. They can be granted State-funded legal aid in detention proceedings but in practice, this is almost never accessed by foreign detainees.

Protection on release

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If removal is unenforceable, a permit for tolerated stay is issued, which is considered legal stay.
There is no practice of officially confirming the fact of statelessness, unless the lack of nationality is part of the written justification of a decision.
Tolerated stay status grants access to some social assistance, education, healthcare, and the right to work.
Cumulative time spent in detention is counted towards the maximum time limit only if the grounds for reissuing a detention order are the same as before under the same proceedings.

Return and readmission agreements

Stateless people are mentioned in several readmission agreements concluded by Poland, including with the Republic of Kazakhstan, Armenia and Moldova.
The definitions of a stateless person in these agreements vary and are not in line with the 1954 Convention. The grounds and procedure under which stateless people may be returned under the agreements, as well as the documentation listed as evidence of nationality status of potential returnees, are problematic.
It is not clear how the agreements are implemented for stateless people, and no information is available on practice.

Prevention and Reduction

Assesses the adequacy of safeguards in nationality laws to prevent and reduce statelessness, including facilitated routes to naturalisation for stateless people, and protections for otherwise stateless children born on the territory or to nationals abroad, foundlings and adopted children. Examines law, policy, and practice on birth registration, including access to late birth registration, and reduction measures taken by States to prevent and reduce in situ statelessness. Analyses provisions on deprivation of nationality and whether there are safeguards related to renunciation and deprivation of nationality to prevent statelessness from occurring.

Efforts to prevent and reduce statelessness in Poland are mixed. There are partial safeguards in law to prevent statelessness in the case of foundlings and adopted children. Access to birth registration is facilitated in some cases, including through a provision for births to be registered ex officio if parents do not register the birth within the legal deadline. However, the safeguard in nationality law to prevent statelessness in the case of children born in Poland applies only to children born to stateless or unknown parents. In the case of children born abroad to same-sex parents, there is also a risk of statelessness due to discriminatory practice by the Polish authorities that may prevent the child acquiring a Polish passport or documentation.

Naturalisation

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There are two options for a stateless person to acquire Polish nationality, either through a discretionary procedure before the President of Poland, or through a procedure before the local authority (Voivode) for recognition of nationality based on legal residence.
The Citizenship Act gives the President the power to confer Polish nationality, but the requirements and procedure for this are very general. The procedure before the Voivode requires a stateless person to have resided legally and permanently for two years on the territory of Poland (reduced from the standard three years, but others are not required to hold permanent residence), and knowledge of the Polish language. The forms also ask for documents confirming income, professional achievements, and political and social activity, as well as a valid ID document or passport, all of which can pose a barrier for stateless people.
There is no definition in the law or bylaws of what is meant by a ‘stateless person’ and in both procedures proof of residence must be confirmed by relevant documents, which can be a barrier.
There is a fee of 219 PLN (48 EUR) for the procedure before the Voivode, which can be refunded upon request if the application is refused. There are appeal rights for the Voivode procedure, but not for the procedure before the President.
According to the Citizenship Act, to acquire Polish nationality, an individual must not pose a threat to national security.

Stateless born on territory

Poland does not have a full safeguard to prevent children being born stateless on the territory. The law provides for certain categories of children born in Poland to unknown or stateless parents to acquire Polish nationality, but this does not apply to children born to parents who cannot confer a nationality to their child.
A foundling or child born to stateless parents, or parents whose nationality is undetermined, is granted Polish nationality automatically.
Children who fall within the scope of the safeguard are not required to prove they cannot access another nationality, nor are they or their parents required to fulfil a period of legal residence.
There are no specific provisions in place for the children of beneficiaries of international protection born in Poland.

Foundlings

Foundlings are granted Polish nationality automatically by law.
There is no age limit set in law for the granting of nationality to foundlings, though the legislation refers to ‘new-born’ status.
There is no legal possibility for a foundling's nationality to be lost as Polish nationality is granted ex-officio so there is no decision that could later be revoked.

Adoption

Foreign adoption does not interfere with the Polish nationality of a child. If the foreign parents want to confer their nationality to an adopted Polish child and the law of their country of nationality does not allow for dual nationality, they may submit an application to the President of Poland asking for consent for renunciation of Polish nationality.
A minor adopted by a Polish national is deemed to have acquired Polish nationality by birth when adopted and the full adoption takes effect before the child reaches the age of 16. If the adopted child is over 16, they can acquire Polish nationality through procedures for acknowledgement or conferral of nationality.
There is no legal ground for a child to lose their nationality due to annulment of adoption.

Ius sanguinis

All children with at least one Polish parent are Polish nationals by law irrespective of the place of birth.
There are practical problems concerning children born abroad, which may result in their statelessness. Although Polish nationality is acquired automatically at birth, in practice, registration in Poland (or transcription of the birth certificate) is sometimes required for the child to be issued with a passport or Polish ID at the Polish embassy. Recent cases of children of same-sex parents born abroad have raised problems as Poland does not recognise same-sex partnerships and will not issue a transcription of a birth certificate naming both parents in such cases.

Birth registration

The law stipulates that all births must be registered by parents within 21 days of the medical record being issued by the hospital. The birth certificate is issued based on the written notification of birth by a doctor, midwife or a healthcare facility, who have three days to inform the Civil Registry Office of the birth. If parents fail to register their child within 21 days, the Civil Registry Office will issue the birth certificate ex officio, choosing a name for the child and informing the parents. There are no legal obstacles to late birth registration nor reports of barriers in practice.
Cases have been reported of the Polish authorities refusing to transcribe the birth certificates of children born abroad to same-sex parents where one (or both) of the parents is Polish.
The parents are not required to be legally resident to complete the birth registration process and there are no mandatory requirements on the authorities to report undocumented persons.
The child's nationality is not determined nor recorded upon birth registration and the birth certificate does not include information about the nationality or residence status of the parents or child. The issue of statelessness or determination of the child’s nationality may therefore only arise much later, if for example the child is denied a Polish passport.
A child born to Polish parents abroad who don't have documents can obtain an official certificate confirming their nationality, but there is no framework for determining the nationality of foreign children nor children born to foreign parents in Poland.

Reducing in situ statelessness

There are no government campaigns to promote birth registration nor any recent measures or commitments by the Polish Government to reduce statelessness.
There are no reports of groups at particular risk of statelessness in Poland. Identified cases of statelessness in Poland mostly concern individuals from a migrant or refugee background.

Deprivation of nationality

Polish law does not allow for the deprivation of Polish nationality.
There is a partial safeguard to prevent renunciation of Polish nationality from resulting in statelessness. Renunciation is only permitted after the President of the Republic of Poland has granted their consent. If granted, loss also affects the applicant’s children. A person requesting renunciation of their nationality must present documentary evidence proving that they hold or have been promised the nationality of another state. However, this safeguard is not sufficient, as it does not eliminate the risk of statelessness, and there is no explicit requirement to prove that any minor children covered by the application for renunciation will not become stateless as a result.

Resources

Library of resources, legal instruments, publications and training materials on statelessness, specifically relevant to this country. More regional and international materials, as well as resources from other countries, are available on the Resources library. Domestic case law can be consulted in the Statelessness Case Law Database (with summaries available in English).

Please note that we are in the process of adding new resources, so check back soon.

International and regional treaties

United Nations - Convention relating to the Status of Stateless Persons (Jan 1954)

Council of Europe - European Convention on Nationality (Nov 1997)

Council of Europe - Convention on the Avoidance of Statelessness in relation to State Succession (Jan 2006)

United Nations - Convention on the Reduction of Statelessness (Jan 1961)

Publications

European Network on Statelessness - Thematic briefing: Birth registration and the prevention of statelessness in Europe (Jul 2020)

UNHCR - Mapping Statelessness in Poland (Sep 2019)

Halina Nieć Legal Aid Center - Child Statelessness in Poland - Legal Analysis (Dec 2020)

European Network on Statelessness - Statelessness determination and protection in Europe (Sep 2021)

Halina Nieć Legal Aid Center - A brief update on the situation of stateless persons in Poland (Sep 2022)

Poland

Additional resources

ASSESSMENT KEY

ADDITIONAL INFO

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