Humanitarian visa vs. international protection in Poland: When and how can you apply for protection?

Crisis situations, armed conflicts, persecution – these are dramatic circumstances that force people to leave their countries in search of safety. Poland, as a member state of the European Union and a signatory to international conventions, offers various forms of protection for people at risk. Two of them, often confused, are the humanitarian visa and international protection (which includes refugee status and subsidiary protection). When can you apply for a humanitarian visa, and when for international protection? What are the key differences?

Humanitarian visa (national visa type D21) – What is it and for whom?

A humanitarian visa is a type of Polish national visa (designated D21) that entitles entry and stay in Poland for a period longer than 90 days (usually up to 1 year). Its main purpose is to enable entry or legalize the stay of persons who find themselves in a special situation.

Who issues a humanitarian visa?

• The Consul of the Republic of Poland at a Polish diplomatic mission abroad (standard procedure).
• The Commander of a Border Guard post – in exceptional, justified cases, may issue a visa at the border to a person entering Poland.

When can you apply for a humanitarian visa?

The grounds for its issuance are defined in the Polish Act on Foreigners. A humanitarian visa can be obtained when:

• The foreigner’s entry or stay is necessary due to the interest of the state or international obligations.
• It is justified by the foreigner’s important interest related to humanitarian reasons, e.g.:
  • There is a real risk to the person’s life, freedom, or safety in case of return to the country of origin.
  • Return would violate human rights (e.g., the right to family life, children’s rights).
  • The foreigner cannot return to their country but does not qualify (or has not yet applied) for international protection.

A humanitarian visa is often a solution in emergency situations, allowing for safe entry and stay, as well as undertaking work in Poland. However, it must be remembered that it is not a form of international protection and is temporary.

International protection in Poland – two main forms

International protection is a special legal status granted to foreigners who cannot return to their country of origin due to a well-founded fear of persecution or a real risk of suffering serious harm. The procedure for applying for protection is a formal administrative proceeding conducted by the Head of the Office for Foreigners.

Where and how to apply for international protection?

An application can be submitted:

• Upon entering Poland: To a Border Guard officer during border control.
• While already in Poland: At any Border Guard unit or post, or directly at the Office for Foreigners.

There are two main forms of international protection in Poland:

1. Refugee Status:

• When can you apply? When a foreigner has a well-founded fear of being persecuted in their country of origin owing to their:
  • Race,
  • Religion,
  • Nationality,
  • Membership of a particular social group,
  • Political opinion. It is important that the fear is well-founded and the persecution is serious. The basis is the Geneva Convention of 1951.

2. Subsidiary Protection:

• When can you apply? When a foreigner does not qualify for refugee status, but their return to the country of origin would expose them to a real risk of suffering serious harm, such as:
  • The death penalty or execution.
  • Torture or inhuman or degrading treatment or punishment. 
  • A serious and individual threat to their life or person by reason of indiscriminate violence in situations of international or internal armed conflict. 

Persons granted international protection receive special residence documents (residence card, travel document) and obtain a range of rights, including access to the labor market, social benefits, and integration programs.

Key differences: humanitarian visa vs. international protection

The story of Ahmed: From humanitarian visa to subsidiary protection

Ahmed fled his country due to an ongoing armed conflict that threatened his life. At the Polish border, lacking evidence of individual political persecution but citing the general danger, he received a humanitarian visa from the Border Guard. This allowed him legal entry and stay in Poland. Once safe, Ahmed formally applied for international protection. During the proceedings, the Office for Foreigners determined that although there was no evidence of persecution under the Geneva Convention, Ahmed’s return to his country of origin would expose him to a real risk of death due to the ongoing conflict. As a result, Ahmed was granted subsidiary protection.

What steps to take and where to seek help?

Both the process of applying for a humanitarian visa and, especially, for international protection can be complicated. It requires understanding the regulations and gathering appropriate evidence.

• Carefully analyze your situation: Consider which form of protection best suits your circumstances.
• Gather evidence: Documents, testimonies, reports from international organizations – anything that can confirm your situation and the grounds for seeking protection.
• Seek help: Many non-governmental organizations (NGOs) in Poland offer free legal and informational assistance to foreigners seeking protection. It is also worth considering support from an experienced lawyer.

Legal assistance in cases of humanitarian visas and international protection

Our law firm specializes in immigration and asylum law. We offer comprehensive legal assistance including:

• Assessment of the individual situation and advice on choosing the most advantageous legal path (humanitarian visa, refugee status, subsidiary protection).
• Assistance in preparing applications and compiling the necessary documentation.
• Representation in proceedings before the Office for Foreigners and the Border Guard.
• Support at every stage of the procedure, including preparation for the qualification interview.
• Filing appeals against negative decisions.

We understand how difficult and stressful situations forcing people to seek protection in another country can be. If you need support in matters related to humanitarian visas or international protection in Poland, please contact us.

(Please remember that the information contained in this article is general in nature and does not constitute legal advice. Due to the complexity and individual nature of international protection cases, each situation requires detailed legal analysis.)