Commissioner for Human Rights

The issue of post-secondary school certificates as proof of knowledge of the Polish language in proceedings for a residence permit for an EU resident and recognition as a Polish citizen

Date:

The Office of the Commissioner for Human Rights has received complaints from foreigners studying at Polish post-secondary schools, who point out the negative effects of the draft Act on amending certain acts in order to eliminate irregularities in the visa system of the Republic of Poland (print no. 951). They raise objections to the transitional regulations concerning the possibility of using a post-secondary school graduation certificate as a document confirming knowledge of the Polish language during the procedure for granting a residence permit for a long-term EU resident and the procedure for recognising a foreigner as a Polish citizen.

The Commissioner for Human Rights points out that, due to the different length of study at post-secondary schools (from 2 to 5 semesters), some foreigners will not be able to use their school-leaving certificate as proof of their knowledge of Polish when applying for long-term residence in the EU or for recognition as a Polish citizen, even though this was possible under the regulations in force at the time they started their studies.

Thus, the solutions foreseen in the draft will adversely affect the situation of foreigners who, in some cases, have invested a lot of money in their education, expecting that a post-secondary school diploma will also confirm their knowledge of the Polish language. Even those who started studying at a post-secondary school in September 2023 on a 5-semester course may find themselves in such a situation.

The transitional provisions do not allow foreigners to use the post-secondary school leaving certificate to certify their knowledge of Polish after 30 June 2025, although this was possible at the beginning of their studies.

Deputy Commissioner Adam Krzywoń addressed this matter to Marek Sowa, Chairman of the Sejm's Extraordinary Commission for the handling of draft laws concerning the labour market and foreigners residing in the territory of the Republic of Poland.

https://bip.brpo.gov.pl/pl/content/rpo-szkola-policealna-swiadectwa-postepowania-pobyt-obywatelstwo-sejm