Illegal or Exploited? How “Illegality” Is Created

Illegal or Exploited? How “Illegality” Is Created

31 March 2026

The plane lands in Warsaw late in the evening. For many, it is their first contact with Europe. Someone is waiting at the airport – a man holding a sign, sometimes a driver from an app, sometimes a “coordinator.” He says briefly: “Come with me, everything is arranged.”

This sentence will return many times later.

“Everything is arranged” means the documents are ready, the job is secured, the accommodation is provided. The migrant has no reason to doubt it. They have paid several thousand euros, often by selling property or borrowing money. It is an investment – in the future, in stability, in a life that is supposed to be better than the one left behind.

They do not yet know they have just entered a system that is difficult to escape.

The Beginning: The Promise

Everything begins weeks, sometimes months earlier, in the country of origin. A job offer appears – through social media, word of mouth, or direct contact with an “agency.” The message is simple and consistent: work in Poland, legal stay, full assistance with documents. Sometimes exact figures are mentioned – 800, 1,000, or 1,500 euros per month. For many, this is significantly more than they can earn at home.

The intermediary explains that they will take care of everything: visa, invitation, university enrollment, employer. The migrant receives documents – often professionally prepared and seemingly credible. Employment contracts, certificates, confirmations of admission. There is no practical way to verify them.

They pay.

At that moment, the relationship shifts. From then on, it is no longer the intermediary who depends on the migrant – but the migrant who depends on the intermediary.


Arrival: The First Cracks

After arrival, everything appears to function. There is transport, there is accommodation – often shared, sometimes overcrowded, but described as temporary. The next day, work begins.

Warehouse. Production line. Construction site.

The details do not fully match the original offer. The salary is lower, but “only at the beginning.” The hours are longer, but “there is a lot of work right now.” The conditions differ, but “this is just temporary.”

The migrant does not protest. They have debt. They do not know the language. They do not understand the legal framework.

Most importantly, they still believe that everything is legal.

Documents: The Foundation of Control

A few days later, the issue of documents appears.

“Give me your passport, we need to complete the formalities.”

This is the critical moment. Many migrants hand over their documents without hesitation. This reflects their previous administrative experience, the instructions they received, and the behavior of others in similar situations.

From that point on, the situation changes.

Without a passport, a person cannot independently rent accommodation, sign contracts, change jobs, or in some cases even move freely. The loss of documents significantly limits autonomy and creates a structural dependency.

As noted by the International Organization for Migration, confiscation of documents is one of the most common mechanisms of control. While it is often presented as part of administrative procedures, in practice it removes the migrant’s ability to act independently.

Administration: A System No One Explains

At the same time, another process is supposedly underway – the administrative one.

The intermediary says: “We have submitted the application.” The migrant hears: “Your stay is legal.”

In reality, the process is far more complex.

Legal employment of a foreign national in Poland requires several conditions to be met simultaneously. A valid legal basis for stay is necessary, such as a visa or residence permit. In addition, the individual must have the appropriate work authorization, whether in the form of a work permit or a registered employer declaration. The employer must register the worker in the social security system, and a valid employment contract must be concluded and properly reported.

The problem is that the migrant has no visibility into this process. They do not know whether the application has actually been submitted, whether it is complete, or whether the employer has fulfilled their obligations.

As described in analyses by Caritas Polska, it is common for migrants to work for months under the assumption of legality, only to discover later that the university enrollment was purely formal, the residence application was incomplete or never filed, or the employment was never officially registered.

The Turning Point: Inspection

The inspection comes unexpectedly.

It may involve the Polish Border Guard, labour inspectors, or the police. The questions are straightforward: where do you work, on what basis, and can you present your documents?

The migrant often does not have them. They remain with the intermediary. Alternatively, they may possess documents that appear valid but have no legal effect.

From the perspective of the authorities, the situation is clear: illegal employment.

From the perspective of the migrant, this is the first moment of realization that something is wrong.

Fear: The Most Effective Mechanism

Before any inspection occurs, another mechanism is already in place – fear.

“Do not go to the police, they will deport you.”
“You will be banned from entering Schengen.”
“You will lose everything you paid.”

These messages are repeated consistently.

According to the experience of Fundacja La Strada, this is one of the most effective tools used to keep migrants within the system. Even when they begin to understand their situation, they often do not report it.

The perceived risk is simply too high.

Stories That Repeat

In NGO reports, these stories differ in detail but share the same structure.

Fundacja La Strada describes a case of a foreign national who arrived as a student. The documentation appeared correct at first glance. He worked under the belief that it was legal. Only during an inspection did it become clear that his status did not permit such employment.

In another case documented by the same organization, a migrant paid for a “full relocation package.” After arrival, additional fees were introduced. Each month of work increased their debt. Leaving the system became practically impossible.

As highlighted by the International Organization for Migration, debt mechanisms function similarly to document confiscation. They limit the ability to exit the system, even in the absence of physical coercion.

The Perpetrators: Largely Invisible

Public narratives focus on migrants.

Much less attention is given to intermediaries, organizers, or employers who benefit from the system.

In reality, these actors control every stage of the process. They recruit, manage documentation, assign work, and profit from the discrepancy between promises and actual conditions.

Court cases confirm this pattern. Organized groups have been shown to bring large numbers of people into the country, exploiting their dependence and lack of knowledge. Migrants are not the initiators of these systems – they are their subjects.

The System: Procedure Instead of Protection

In theory, a migrant can report their situation.

In practice, this involves entering a complex and demanding procedure. Interviews may last several hours, require interpreters, and involve detailed verification of documents and testimonies.

From the migrant’s perspective, this does not represent a safe path. There is a real risk that reporting the situation will result in deportation proceedings.

The system functions – but not necessarily in a way that encourages victims to come forward.

“Illegal” – But Why?

From a formal legal perspective, the situation is straightforward: lack of proper documentation results in irregular status.

However, when the full process is examined, the picture becomes more complex.

The migrant paid for legalization, received documents, was assured that their situation was lawful, and had no realistic means to verify this information. They acted in good faith, relying on the intermediary’s representations.

In this context, assigning full responsibility to the migrant becomes increasingly questionable.

Labour Market: A Structural Side Effect

The consequences extend beyond individual cases.

This mechanism contributes to the expansion of the informal economy and creates structural distortions in the labour market. Companies operating in compliance with the law incur higher costs and compete with entities that benefit from irregular employment practices.

Over time, this leads to a downward pressure on employment standards.

Where Is the Exit?

The problem does not originate in a single point.

It is the result of multiple overlapping factors: lack of information on the migrant’s side, the activities of dishonest intermediaries, institutional constraints, and a public narrative that simplifies complex realities.

Without a clear distinction between victim and perpetrator, the mechanism is likely to persist.

Between Law and Reality

In the end, what remains is a story.

Not the one presented in headlines, but a personal one – of someone who came to work legally and discovered, often too late, that they had no control over their own situation.

In official statistics, they will be classified as an “illegal migrant.”

In reality, they are often something entirely different.

Do you have a question?