Polish arguments concerning Ukrainians’ visa and border problems
The problem of visas for Ukrainians and the lineups on the Ukrainian-Polish border, which appeared after Poland joined the Schengen zone, was felt in Ukrainian-Polish relations last year. January’s strike of Polish customs officers added fuel to the fire. All this, together with the looming soccer finals that will be hosted by Poland and Ukraine, is troubling.
Until recently, all the arguments offered by Polish officials to explain why the problem has become acute have been reduced to explanations that these are temporary difficulties linked to Poland’s obligations to its partners in the Schengen Agreement. However, one cannot fail to notice that an agreement on the small border area has not been signed by Ukraine and Poland, even though a similar agreement between Ukraine and Hungary is already in effect, and another one is being drafted for signing with Slovakia. There are several aspects that are making ordinary Ukrainians, especially those who live in the western regions, sit up and take notice.
MEETING IN WARSAW
In the last week of February the members of the civic organization Our Choice — Ukraine, the Ukrainian Embassy in Poland, and Poland’s Ministry of Foreign Affairs organized a meeting between Ukrainian Embassy and Polish foreign ministry officials and Ukrainian citizens to discuss all these problems. The very format of the meeting, with officials going out to the people, looked very promising. In fact, where else can one better explain all the changes that have happened and listen to complaints than in the presence of people who are at the receiving end of these decisions? The Ukrainian side was represented by the entire staff of the Consular Division of the Ukrainian Embassy in Warsaw, headed by Viacheslav Voinarovsky, and the Ministry of Foreign Affairs of Poland was represented by Wojciech Gutowski, First Secretary of the Consular Department at Poland’s Ministry of Foreign Affairs.
Gutowski mentioned all the changes that have taken place since Poland joined the Schengen Zone. Since this subject has been frequently discussed in the mass media, I will focus only on the most important points:
1) Visa-free entry refers not only to holders of diplomatic passports but also to those with official passports. In practice, this does not mean that the members of Ukrainian state delegations can go to important meetings in Poland without visas: the procedure of showing one’s official passport is in fact simpler than showing diplomatic passports, and any state official can receive this document;
2) A tourist visa becomes a Schengen visa for 35 euros. Gutowski said that in nearly 100 percent of cases the first Schengen visa will be a single-entry visa. A classic Schengen multiple-entry visa will be issued for 90 days, and the holder has the right to use it within 180 days;
3) The national Polish visa will remain in practice, but tourism is excluded from the reasons for obtaining it, and it will be given very rarely for a short term. This mostly refers to those who come on invitation or to study. There are over 10 categories of Ukrainian citizens who can demand free national visas (pensioners, members of scholarly and cultural forums, invalids, etc.). But a Polish visa does not give one the right to enter other Schengen countries;
4) The term of working in Poland with a visa without obtaining a work agreement has been increased from three to six months, and applicants can realize their right to employment during one year.
The Ukrainian citizens who were present at the February meeting complained about the lack of competency of certain officials who are responsible for issuing various documents on Polish territory, and the lack of information about visas; they were also interested about the possibilities of easing the visa regime.
Speaking about the prospects for the agreement on the small border zone, Gutowski noted that in principle all the questions, except insurance, have already been resolved; and insurance is a technical question, not a matter for discussion. At the same time, he made it understood that people should not expect quick entry as a result of this agreement. The official did not give a detailed explanation of why he thinks so, but said that under the conditions where free Ukrainian visas for Polish citizens are still in effect, the absence of an agreement on the small border zone is not so noticeable on the Polish side. He also expressed his confidence that in the next year or two Ukrainians who live illegally in Poland should not expect amnesty, although one is possible in the far perspective.
It was evident that both sides were avoiding the political aspect of the border subject by not mentioning the EU factor in their commentaries. When the participants switched to complicated, controversial topics, the official from Poland’s Ministry of Foreign Affairs refrained from answering, citing the lack of proper competencies. This was understandable: most internal Polish documents are issued by the Ministry of Internal Affairs, and their shortcomings do not belong to the competence of the Ministry of Foreign Affairs. Gutowski explained that the small size of consulates is the reason behind the line-ups at Polish consulates in Ukraine (especially in Lviv and Lutsk) and assured everyone that after Polish diplomats move to larger buildings this problem will not be so acute.
The results of the meeting led to the conclusion that, in many cases, Ukrainians’ problems with Polish officials are the result of officials’ weak competence in serving foreigners. The Ukrainian citizens at the meeting expressed the hope that Poland’s Ministry of Foreign Affairs will strengthen the system of informing other ministries on this question. I was disappointed that neither the Polish nor the Ukrainian side mentioned Euro-2012. Despite the fact that the meeting did not provide answers to a great number of questions, the fact that it took place in this kind of format on the initiative of a Ukrainian civic organization is noteworthy.
POLISH CARD (KARTA POLAKA)
The Day has already reported on the question of the so-called Polish Card. But lately this document has been somewhat demonized on the pages of the print media in some CIS countries: several Russian and Belarusian writers have tried to connect its emergence to Polish revanchism and Polish aspirations to return to the borders of 1939. Despite the absurdity of such “logical chains,” I will devote some attention here to the political aspect of the Polish Card.
Similar national identity cards have long existed in Lithuania, Slovakia, Hungary, and now Ukraine is drafting this type of document. Poland has refused to implement a national card in the last 15 years. What is the difference between the Polish Card and the Lithuanian Card? The Polish Card is the first national identity card in Central and Southern Europe where there is no clearly defined principle of blood but the principle of political choice of a nation. To become the owner of a Polish card it is enough to have relatives who were citizens of Poland before 1939, regardless of their nationality. Moreover, it is simply enough to be an active member of a Polish organization in the last three years, and only this gives people the right to apply for the card. In order to receive the card, you have to confirm before a Polish consul that you recognize yourself as a Pole. The card does not give the holder the right to citizenship or permanent residency, only the right to work and study free of charge in Poland. The fact that the introduction of this kind of document was primarily the result of the search for a relatively cheap work force in Eastern Europe is obvious. The political aspect of the card, which was indirectly confirmed by Gutowski, is to raise the prestige of Poland and Polish culture in the international arena.
CONCLUSION
Finally, I would like to note that the current problems of obtaining Polish visas, line-ups at the borders, and the delay in considering questions about issuing documents for permanent residence in Poland cannot by any means be viewed through prism of temporary hardships: I use the word “cannot” because within four short years both states will be hosting one of the top sports events in the world: the Euro-2012 soccer games. Their readiness is being proved right now, whereas the problems on the border between Ukraine and Poland are not diminishing. At the same time, when officials talk about resolving visa-border problems, they do not mention the subject of Euro-2012, because they are probably expecting that these problems will disappear all by themselves by Jan. 1, 2012. This is somewhat disconcerting.
