A Belarusian citizen married to an EU citizen has been unable to obtain a Polish travel document after her Belarusian passport expired. The case has drawn the attention of Poland’s Commissioner for Human Rights.
The woman legally resides in Poland as a family member of an EU citizen and holds a residence card issued on that basis. Her Belarusian passport has expired, but she cannot return to Belarus to obtain a new one because of the political situation. Although she has received a Karta Polaka (Pole’s Card) due to her Polish ancestry, she is not eligible for a Polish travel document.
The Office of Poland’s Commissioner for Human Rights points out that the case exposes a gap in the legislation, leaving a certain category of foreign nationals unable to obtain a travel document or regularize their legal status in Poland.
“This situation may affect a broader group of people, particularly Belarusian citizens who cannot obtain a passport from their own state while in Poland and who, for political reasons, cannot travel to Belarus,” the Commissioner’s Office said.
Poland’s Office for Foreigners explained that foreign nationals who are family members of EU citizens and fall under the Act on Entry into, Residence in, and Exit from the Territory of the Republic of Poland by Citizens of the European Union and Their Family Members cannot apply either for permanent residence or for a Polish travel document, even if they are unable to obtain a travel document from their country of origin.
The Commissioner’s Office noted that, as a result, such foreign nationals cannot benefit from the protection mechanisms available to other third-country nationals and are also unable to leave Poland.
Deputy Commissioner for Human Rights appealed to Poland’s Minister of the Interior and Administration, Marcin Kierwinski, urging him to amend the legislation so that foreign nationals who are family members of EU citizens and cannot obtain travel documents from their home countries would be eligible for Polish travel documents.
The Ministry of the Interior and Administration responded to the appeal, stating that the case described was an isolated one and did not affect a “significant group of foreign nationals.” Therefore, the ministry does not plan to initiate legislative amendments on the matter.
