Who exactly are migrants, refugees and asylum seekers?
Migrants have always accompanied humanity – from the biblical exodus through the great migrations of people to contemporary economic and refugee flows. Who exactly are migrants? This seemingly simple definition conceals complex legal and social realities. Blurring the distinction between these concepts may weaken public support for refugees, thus, we should be able to distinguish between them:
- A migrant is any person moving from their place of birth to improve their living conditions – it could be a Pole going to Germany for work, but also a Syrian fleeing war.
- According to the 1951 Geneva Convention, a refugee is a person who has left their country because of a well-founded fear of persecution because of their race, religion, nationality, political opinion or membership in a particular social group.
- An asylum seeker is a person who has applied for international protection but has not yet received a decision.
Who comes to Poland and why?
The picture of migration to Poland is changing from year to year. Although citizens of Ukraine and Belarus predominate, people from distant corners of the world are increasingly coming to our country. This diversity shows that Poland is becoming an attractive destination not only due to its geographical proximity, but also due to its living and working conditions.
Nearly 1.2 million foreigners registered with ZUS were working legally in our country at the end of 2024 – this is thirteen times more compared to 2012, when there were only 90,000 of them! Foreigners already constitute 6.7% of all employed people. They come from over 150 countries. The scale of this phenomenon is impressive.
The structure of migration to Poland is surprisingly diverse and is changing dynamically. Ukrainians are the largest group. The number of arriving Belarusians increased significantly in 2023 – by over 20,000 people. The largest nationalities also include citizens of India (4,588 new people) and Colombia (3,535 people), which shows that Poland attracts migrants not only from neighbouring countries, but also from distant regions of the world.
Our country is chosen for several reasons. The main one is relative economic and political stability, which is particularly important in the context of conflict regions. Moreover, the Polish labour market shows a growing demand for workers, especially in the industrial, logistics and service sectors, which creates real employment opportunities. In recent years, the simplified ways to make one’s stay legal have also been introduced for selected groups, which significantly facilitates the process of settling and taking up work in Poland.
Our system provides several protection options:
- Refugee status – for persons meeting the criteria of the Geneva Convention;
- Subsidiary protection – when deportation would result in torture or inhuman treatment;
- Temporary protection – introduced mainly for refugees from Ukraine after 24 February 2022;
- Humanitarian stay – in special cases requiring special care.
The recognition rate in 2024 was highest for citizens of countries affected by armed conflicts: 98% for Ukrainians, 94% for Belarusians, 95% for Afghans. For Russian citizens, it was only 23%, which shows how political tensions translate into asylum practice. A large percentage of case dismissals concerned people from East Africa. For many of them, Poland was only a transit country on the way to Western Europe.
New EU Migration Pact – revolution or paper tiger?
The EU Council approved the Pact on Migration and Asylum, also known as the EU Migration Pact (previously approved by the European Parliament) in May of the current year. It is to create a unified, orderly and effective migration and asylum management system. Most of the regulations will come into force in June-July 2026.
The new system introduces:
- Next-generation border controls – mandatory collection of biometric data (face photos, fingerprints) from all persons over 6 years of age. The Eurodac system will be transformed from an asylum database into a fully-fledged identification database;
- Border procedures – people from countries with low asylum recognition rates (India, Tunisia, Türkiye) may be detained at the border and not allowed to enter the EU until their application is processed. This is intended to speed up the deportation of people without protection rights;
- Mandatory solidarity mechanism – other Member States will have to help countries under migratory pressure by relocating asylum seekers to their territory, financial contributions (€20,000 for each person they do not accept), operational and technical support;
- Agreements with third countries – the EU is intensifying cooperation with countries of origin and transit of migrants. Agreements have already been signed with Tunisia, and negotiations are underway with Egypt and other African countries. The principle is simple: Brussels provides money in exchange for keeping migrants within a given country's borders.
The document arouses many emotions. Poland, like several other countries, voted against the pact.
Our authorities pointed out several issues:
- The pact does not take into account the specificity of countries bordering Belarus and Russia, which are under constant pressure within artificially generated migration routes. The European Council has repeatedly condemned the instrumentalisation of migrants by third countries for political purposes;
- Lack of proper balance between responsibility and solidarity. First-contact countries will continue to bear the brunt, despite support mechanisms;
- Controversy surrounding agreements with third countries. Many of these countries are not safe destinations. They are often ruled by authoritarian regimes and international reports show brutal treatment of migrants by the EU-funded border officials.
Supporters of the Pact argue that for the first time Europe has a chance to have a coherent, managed migration system based on solidarity. Critics point out that the Pact could worsen the situation for refugees by failing to address fundamental problems such as the humanitarian crisis in the Mediterranean.
Situation on the Polish-Belarusian border
Can people be pushed abroad? This question became crucial after the events of autumn 2021, when the Polish-Belarusian border turned into a humanitarian crisis zone. A migration and humanitarian crisis has been ongoing there since August 2021, shedding new light on Polish refugee policy.
The mechanism of the crisis was simple but effective. Belarusian authorities encouraged citizens of Middle Eastern and African countries to come to Minsk by offering them easy tourist visas. They then forcibly directed them to the borders with Poland, Lithuania and Latvia, at the same time preventing them from returning to Belarus. In this way, Alexander Lukashenko used migrants as a "hybrid weapon" against the EU.
The Border Guard responded by using the practice of "push-backs". Migrants were sent back to Belarus without their asylum applications being considered. According to information from the Border Service, in August 2021, 3,500 people attempted to cross the border, of which 2,500 attempts were "thwarted". Approximately 7,800 attempts to cross the border were reported in October.
Regulations according to which persons unauthorised to enter Poland will be informed of the obligation to immediately leave the territory and return to the border line were introduced on 20 August 2021. The Sejm passed regulations introducing a new institution, a decision on crossing the border in violation of the law, providing grounds for the expulsion of a foreigner even if they apply for international protection, on 14 October 2021.
The European Convention on Human Rights and the EU Charter of Fundamental Rights guarantee everyone the right to seek asylum. According to Article 31 of the Geneva Convention, refugees should not be punished for crossing a border illegally if they had no other option.
The problem is that Polish border services are obliged to accept applications for international protection, but they often fail to do so. The European Court of Human Rights (ECHR) has previously confirmed such practices in its judgments concerning the Terespol detention centre in 2017, finding that it was a "common practice" to ignore asylum applications.
The Human Rights Ombudsperson submitted an opinion to the European Court of Human Rights, pointing out violations in the form of:
- Denial of access to the asylum procedure;
- Collective expulsion of foreigners;
- Torture and degrading treatment.
The Grand Chamber of the ECHR decided to hear the case of migrants returned to the border line on 25 June 2024. This could have a precedent-setting impact on the whole of Europe and influence the push-back practices used by various EU countries.
The human dimension of the crisis is dramatic. The Human Rights Ombudsman receives complaints describing situations in which foreigners were returned regardless of their health, disability or age. Representatives of the Ombudsman intervened in the case of a family of a dozen or so people with a four-month-old baby who were returned to Belarus eight times.
Humanitarian organisations have documented cases of migrants dying in the border area, although the true number of victims remains unknown. A state of emergency in parts of the Podlaskie and Lublin Voivodeships was introduced on 2 September 2021, followed by an entry ban, to limit access of the media and non-governmental organisations to information.
Poland against the backdrop of Europe – a comparison of systems
Until recently, we were on the periphery of the European asylum system. Germany processes hundreds of thousands of applications every year. Until 2024, Poland was among the countries with the smallest number of applications. However, an increase of 81% means that we are becoming a more significant player.
The differences in integration models are striking and reflect different migration policy philosophies:
- The German model is based on intensive, compulsory language courses ("Integrationskurse") lasting 600-900 hours, covering the language and the basics of German culture. This system is complemented by vocational programmes tailored to migrants’ qualifications and an extensive network of non-governmental organisations;
- The French model underlines cultural assimilation through republican institutions. New residents sign a "Contrat d'accueil et d'intégration" (Acceptance and Integration Agreement) obliging them to learn the language and republican values. The system is more centralised than the German one;
- The Polish model is still in the formative phase and is reactive to crises. We lack a long-term integration strategy, and actions are often limited to basic legal and material support.
Admission standards also vary across countries. In Germany, an asylum seeker is entitled to a minimum of 3.3 m² of living space, while in Poland – after the 2021 changes – it is only 2 m², which is a minimum lower than prison standards.
A positive exception in the Polish system is the activity of Caritas Polska, which has launched 28 Migrant and Refugee Aid Centres throughout the country. So far, they have helped:
- 102,000 people under comprehensive support;
- 500,000 people received material and food support;
- 70,000 traumatised people received psychological support.
This proves that effective assistance to migrants is possible when there are political will and adequate resources.
The duration of procedures is another area of difference. In Poland, international protection proceedings can take months, while in some Western countries the procedures are much faster due to better funding and more officials.
Are Poles afraid of migrants?
Public opinion polls show a complicated picture. The attitude of society often depends on the level of knowledge about the true scale of migration. The myth of Poland being "flooded" by migrants contrasts with the fact that foreigners constitute about 7% of all workers. On the other hand, the war in Ukraine significantly changed Polish attitudes. The acceptance of millions of Ukrainian refugees has shown that Polish society can be solidary and hospitable when it understands the reasons for migration and feels cultural closeness.
The economic paradox of Polish migration is striking: the economy needs workers (migrants fill gaps in industry, logistics, and services), but society often perceives migration as a threat. Poland's demographic crisis (ageing society, emigration of young people) means that immigration may be a part of the solution, not the problem.
Challenges of the future
Research shows that direct contact with migrants significantly improves social attitudes, while stereotypes thrive where such contact is lacking. Educational programmes in schools, information campaigns and the presence of migrants in the media can change perceptions.
The role of local governments is becoming increasingly important. Cities like Warsaw, Krakow and Wroclaw are developing their own integration programmes, often ahead of government actions. The establishment of municipal migrant coordinators, free language courses and support for the recognition of qualifications are examples of good practices. The legal challenges related to the implementation of the New EU Pact will require significant changes to Polish law. Member States are to present their national implementation strategies by December 2024. Poland must find a balance between protecting its borders and respecting human rights. International cooperation takes on new importance. Poland can share its experiences with the integration of Ukrainian refugees, while also learning from countries with longer migration traditions. Good practice exchange programmes with Germany, Sweden and Canada can accelerate the development of the Polish system. Information technologies offer new opportunities. Mobile language learning apps, online platforms connecting migrants with employers, and digital identification systems can simplify procedures and improve integration efficiency.
What choice do we face?
The record increase in asylum applications in 2024 shows that our country is playing an increasingly important role in the European migration system. We can no longer pretend that we are on the periphery of European migration processes.
What options do we have?
- Scenario one: "Fortress Poland" – focusing on border protection, minimising the reception of migrants, resisting the implementation of the EU Pact. This is a path of isolation that may lead to conflicts with European partners and the risk of procedural violations;
- Scenario two: "Proactive Poland" – developing its own migration strategy, investing in integration systems, active participation in European cooperation. This is a path that can bring demographic and economic benefits but requires significant political and social investment.
There are no simple answers to questions about the future of Polish migration policy, but there are proven principles: respect for international law, relying on facts and treating every migrant as a human being with dignity and rights. The challenge is to find humanitarian and legal solutions to contemporary population flows.
