1. What is the procedure for recognition of refugees’ qualifications and who can apply for confirmation of the completion of studies at a given level?
The following persons can apply for the confirmation of the completion of studies at a given level:
- a foreigner who has obtained a refugee status or subsidiary protection,
- a foreigner who was granted temporary residence permit granted in connection with the circumstances referred to in art. 159 item 1 point 1 letter c or d of the Act of December 12th, 2013 on Foreigners,
provided that they do not have a diploma confirming completion of studies. Those who have diplomas may apply for recognition on the basis of the general rules.
Legal basis: art. 327.3 of the Act of 20 July 2018 – Law on Higher Education and Science (Journal of Laws of 2020, item 85).
2. Who conducts the procedure regarding confirmation of the completion of studies at a given level?
The procedure is conducted by higher education institutions rated as scientific category A+, A or B+ in the discipline to which the applicant’s foreign diploma belongs (the list of higher education institutions and their rating categories can be found at the website of the Ministry of Science and Higher Education.
Legal basis: art. 327.4 of the Act of 20 July 2018 – Law on Higher Education and Science (Journal of Laws of 2020, item 85)
ATTENTION: According to the information published by the Ministry of Science and Higher Education on 29th May 2019, available (in Polish) at the website https://konstytucjadlanauki.gov.pl/cudzoziemcy: until the parametrization of higher education institutions is completed (which is expected in 2021) the nostrification (and also the procedure regarding confirmation of the completion of studies at a given level) the procedure should be conducted by organizational units of higher education institutions authorized to confer the academic degree of doktor in a given field of science or in a given field of art study within the scientific or art discipline to which the foreign diploma belongs.
3. Documents required
The person who applies for confirmation of the completion of studies at a given level submits their application to a chosen higher education institution and attaches to it:
- documents confirming:
- completion of studies,
- completed classes and grades obtained,
- exams passed,
- professional qualifications or entitlements obtained,
- completed professional traineeship or employment,
- obtaining the refugee status, subsidiary protection, or temporary residence permit granted in connection with the circumstances referred to in art. 159 item 1 point 1 letter c or d of the Act of December 12th, 2013 on Foreigners (Journal of Laws of 2017, items 2206 and 2282 and Journal of Laws of 2018, items 107, 138, 771 and 1669)
- the statements on:
- completion of studies, confirmation of which is requested,
- place and date of birth.
Documents listed under the point 1. above can be submitted in the form of copies certified as authentic by the higher education institution which conducts the procedure.
Legal basis: § 9.2 and 9.3 of the Regulation of the Minister of Science and Higher Education of 28th September 2018 on the nostrification of higher education diplomas obtained abroad and on confirmation of completion of higher education studies at a given level of education (Journal of Laws, item 1881).
After the formal evaluation of the application, the higher education institution which conducts nostrification can require that the applicant provided ordinary translations into Polish of the documents listed under the point 1. above, i.e.: documents confirming: completion of studies, completed classes and grades obtained, exams passed, professional qualifications or entitlements obtained, completed professional traineeship or employment.
In particularly justified cases the higher education institution which conducts the procedure may require that the applicant provided translations into Polish of the documents which allow to assess the course of studies, learning outcomes and duration of the study done made and certified by a Sworn Translator or made by a foreign translator and certified by the competent Consul of the Republic of Poland.
Legal basis: § 11.1 and 11.2 of the Regulation of the Minister of Science and Higher Education of 28th September 2018 on the nostrification of higher education diplomas obtained abroad and on confirmation of completion of higher education studies at a given level of education (Journal of Laws, item 1881).
The higher education institution may not request that the applicant submitted other documents than listed above.
4. How the procedure regarding confirmation of the completion of studies at a given level is conducted?
The higher education institution which conducts the procedure assesses the documents attached to the application and - on their basis - compares the programme and duration of study, the learning outcomes, the professional rights conferred and the professional traineeships completed with the programme and duration of study, learning outcomes, professional rights conferred and professional traineeships to be completed in the course of similar studies offered by this higher education institution itself. If differences are found in the study programme, duration or the learning outcomes, the higher education institution which conducts the procedure can oblige the applicant to pass specific examinations or undergo professional traineeships, defining the conditions and time frames in which they will be conducted.
Legal basis: § 12.1, 12.2 and 12.3 of the Regulation of the Minister of Science and Higher Education of 28th September 2018 on the nostrification of higher education diplomas obtained abroad and on confirmation of completion of higher education studies at a given level of education (Journal of Laws, item 1881).
The information that the differences were found (together with explanation what they consist in), as well as the information about the compensatory measures (to pass specific examinations or undergo professional traineeships) shall be communicated to the applicant in writing and contain a justification.
5. Time limits
The procedure officially initiates on the date of submitting the application to the higher education institution which conducts the procedure. This higher education institution evaluates the application from the formal point of view. If the application is found incomplete, the higher education institution which conducts the produre establishes a time limit, not shorter than 14 days, for the applicant to complete the application, under the pain of disregarding it.
Legal basis: § 10.1 and 10.2 of the Regulation of the Minister of Science and Higher Education of 28th September 2018 on the nostrification of higher education diplomas obtained abroad and on confirmation of completion of higher education studies at a given level of education (Journal of Laws, item 1881).
The applicant can submit the application whenever they choose.
Not later than 90 days from the date of submitting an application that meets all formal requirements the higher education institution which conducts the procedure confirms or refuses to confirm the completion of at a given level. The time periods set for submitting translations of documents, passing exams or undergoing professional traineeships are not counted into the 90-day time limit.
Legal basis: § 13.1 and 13.2 of the Regulation of the Minister of Science and Higher Education of 28th September 2018 on the nostrification of higher education diplomas obtained abroad and on confirmation of completion of higher education studies at a given level of education (Journal of Laws, item 1881).
6. Fees
Payment of a fee is required to conduct the procedure. The maximum level of the fee amounts to 50% of the remuneration of a university professor. Each higher education institution specifies the requirements and mode of exemption from the fee. If the higher education institution is found not competent for conducting the procedure, the fee does not apply.
Legal basis: art. 327.6 and 327.7 of the Act of 20 July 2018 – Law on Higher Education and Science (Journal of Laws of 2018, item 1668 with amendments).
The fee is paid into the account or at the cash-desk of the higher education institution which conducts the procedure; the deadline for payment is specified by the higher education institution and cannot be shorter than 14 days.
Legal basis: § 14.1 and 14.2 of the Regulation of the Minister of Science and Higher Education of 28th September 2018 on the nostrification of higher education diplomas obtained abroad and on confirmation of completion of higher education studies at a given level of education (Journal of Laws, item 1881).
7. Refusal to start the prodecure regarding confirmation of the completion of studies at a given level
In the case of lack of competence for conducting the procedure the higher education institution issues a resolution (postanowienie) on refusal to conduct the procedure, which is subject to a complaint.
Legal basis: art. 327.7 of the Act of 20 July 2018 – Law on Higher Education and Science (Journal of Laws of 2018, item 1668 with amendments).
The resolution shall contain:
- identification of the unit of the higher education institution or other scientific institution which issues the resolution;
- date of issue;
- identification of the person who applied for conducting the nostrification procedure;
- legal basis;
- decision on refusal to initiate the procedure and its justification;
- signature of the person competent to issue the resolution, including the specification of their position in the institution;
- instruction on the right to file a complaint to the rector of the higher education institution.
Legal basis: Code of Administrative Procedure (Journal of Laws of 2018, item 2096).
8. Final resolutions and issue of the certificate
On completion of the procedure regarding confirmation of the completion of studies at a given level a certificate shall be issued, according to the model specified in the annex to the regulation.
The certificate confirms, that the applicant completed studies at the level of first cycle, second cycle or long-cycle integrated magister studies, provided by a Polish higher education institution.
Legal basis:
- art. 327.2 and 327.5 of the Act of 20 July 2018 – Law on Higher Education and Science (Journal of Laws of 2018, item 1668 with amendments),
- § 15 of the Regulation of the Minister of Science and Higher Education of 28th September 2018 on the nostrification of higher education diplomas obtained abroad and on confirmation of completion of higher education studies at a given level of education (Journal of Laws, item 1881).
The applicant has legal right to appeal against the decision of the higher education institution which conducts the procedure, based on art. 127 of the Code of Administrative Procedure and the Revised Recommendation on Criteria and Procedures for the Assessment of Foreign Qualifications, adopted in 2001 and revised in 2010.