- Legal stay in Poland
Citizens of Ukraine who left their homeland as a result of Russian aggression have the option of staying legally in Poland for 18 months , starting on February 24, 2022. This applies to people who came to Poland directly from Ukraine and reported their intention to stay in our country.
There is also a way to further legalize the stay of Ukrainian citizens who fled the war. Persons whose stay in Poland is legal or recognized as legal will receive a temporary residence permit. It will be issued once, for a period of 3 years , counting from the date of issuing the decision.
The application for a temporary residence permit is submitted by a citizen of Ukraine no earlier than 9 months from the date of entry and no later than 18 months from February 24, 2022. The application should be submitted earlier than 9 months from the date of entry by the voivode without consideration.
The act provides for assigning a PESEL number to Ukrainian citizens who came to Poland in connection with the war. Obtaining this number allows you to take advantage of a number of services provided by the state. For this purpose, there is a special procedure for obtaining a PESEL number at the request of a citizen of Ukraine. Only basic personal data is subject to reporting.
An application for a PESEL number may be submitted from March 16, 2022.
- Ukrainian citizens who were in Poland before February 24, 2022.
If the last day of the stay of a Ukrainian citizen in Poland (these are persons who have a Polish national visa) falls on the period that began on February 24, 2022, the period of stay on the basis of this visa and its validity will be extended – in accordance with the regulations – until December 31 2022 In this case, the passport of the citizen of Ukraine does not contain a new visa sticker. During the period of renewal of the Polish visa, the person who received it until February 24, 2022, has no right to cross the border.
If the last day of validity of a temporary residence permit issued to a citizen of Ukraine falls on the period beginning on February 24, 2022, its validity will be automatically extended until December 31, 2022. The extension of the validity of the temporary residence permit does not entitle you to obtain a new temporary residence permit .
If the period in which a citizen of Ukraine must leave the territory of Poland (referred to in Article 299 (6) of the Act “On Foreigners” of December 12, 2013) falls on the period from February 24, 2022, then this period – according to with the law – it lasts 18 months.
If the period of voluntary return (specified in Article 315 (1) of the Act “On Foreigners” of December 12, 2013) specified in the decision concerning a citizen of Ukraine falls on the period from February 24, 2022, this period is automatically extended to 18 months.
If the last day of validity:
- temporary residence permits,
- documents issued in Poland certifying the identity of a foreigner-citizen of Ukraine,
- documents entitled “consent for tolerant stay”,
issued to citizens of Ukraine, covers the period from February 24, 2022, the period is automatically extended by 18 months.
If the last day of the permissible period of stay of a citizen of Ukraine on the territory of the Republic of Poland:
- on the basis of a Schengen visa issued by the Polish authority,
- on the basis of a Schengen visa issued by another Schengen state,
- on the basis of the document authorizing to stay, referred to in art. 1 clause 2 lit. a of Council Regulation (EC) No. 1030/2002 of 13 June 2002 establishing the same specimen of documents authorizing the stay of third-country nationals (Journal of Laws of the EU) No. L 157 of 15.06. 2002, p. 1 as amended). These are documents issued by the competent authorities of another Schengen state or another document authorizing to stay and issued by the authority of that state, authorizing to move within the territory of other countries of this zone,
- under the visa-free regime
falls on the period from February 24, 2022, and the Ukrainian citizen arrived before the specified date, this period is automatically considered legal for 18 months.
- Access to the labor market
Ukrainian citizens have guaranteed access to the Polish labor market. In order to take advantage of this, the employer who employs a citizen of Ukraine will be obliged to enter the praca.gov.pl portal within 14 days. There, he must find an appropriate employment center and inform him that he has employed a foreigner.
Ukrainian citizens will be able to use the services provided on the Polish labor market. They can apply to offices work , clinic professional as well for courses – on the same terms as Polish citizens.
Ukrainian citizens will be able to start and run a business on the same terms as Polish citizens – the condition is to obtain a personal PESEL number.
- Support and financial support for maintenance
The voivodes and local governments will provide assistance to the citizens of Ukraine. This could be for example providing housing or giving a group of people three meals a day.
Any entity may receive material assistance, in particular a natural person running a household and providing guarantees to Ukrainian citizens fleeing the war, accommodation and meals, if they conclude contract with the municipality . The aid will be paid out for a maximum of 60 days and will be determined by the Council of Ministers.
Ukrainian citizens can apply for a one-time allowance in the amount of PLN 300 per person. These include food, clothing, footwear, personal care, and living expenses.
Aid will also be provided in the form of food parcels or food parcels under the Operational Program Food Aid 2014-2020, which received financial support from the European Fund to Aid the Most Deprived.
- Social assistance
Ukrainian citizens will have access to: social assistance, educational assistance, assistance to families, assistance for a Good Start. They will have the right to access the Family Care Capital, and may also apply for financial aid to cover the costs of the child’s stay in a nursery, children’s club or under the care of a nanny.
Every Ukrainian citizen residing legally in Poland has guaranteed access to the state health care system on the same terms as Polish citizens.
The National Health Fund will pay for each type of medical care provided to a citizen of Ukraine in state health care institutions. The aid will be financed from the state budget.
- Ukrainian citizens who came to Poland not directly from Ukraine (also people who do not have a Pole’s Card), citizens of third countries and stateless persons
Foreigners who are not covered by the provisions of the law “On aid to Ukrainian citizens in connection with an armed conflict in the territory of that state”, but belong to the group of migrants defined in Art. 2 clause 1 and 2 of the Executive Decision of the EU Council stating the mass influx of people from Ukraine. These are citizens of Ukraine who left Ukraine from February 24, 2022 and came to Poland not directly from the territory of Ukraine (at the same time, these people do not have a Pole’s Card). All these persons, as well as stateless persons and third-country nationals, may benefit from the protection for a specified period, specified in the Act on the Protection of Foreigners in the Republic of Poland.
In the case of third-country nationals and stateless persons, this applies to persons who can prove that before February 24, 2022, they enjoyed international protection or equivalent protection on the territory of Ukraine, were legally residing in Ukraine on the basis of a permanent residence permit issued in accordance with the legislation of Ukraine and not can safely be returned to their country or region of origin.
Foreigners who meet the above requirements may receive a certificate confirming granting temporary protection free of charge. The certificate is issued by the Office for Foreigners at the request of the foreigner. The application may be submitted in person at the Office in Warsaw, ul. Taborova, 33 years old, from Thursday 17 March 2022.
The certificate is the only proof of temporary protection in Poland. During its term, the right to stay in Poland is confirmed. A foreigner who benefits from temporary protection may also work without a work permit and start and conduct business in Poland. It is possible on the same terms as in the case of Polish citizens.
For a person benefiting from temporary protection and having a certificate, the Office for Foreigners guarantees – upon its request – medical care, and also provides assistance in obtaining accommodation and meals, and financial assistance. Assistance is provided in the manner and on the terms specified in the Act on the Protection of Foreigners in the Republic of Poland.
- Persons not covered by the provisions of the Act
According The Polish law “On assistance to Ukrainian citizens in connection with an armed conflict in the territory of that state” specifies in particular the detailed rules for legalizing the stay of Ukrainian citizens (as well as their spouses who do not have Ukrainian citizenship). in Poland in connection with hostilities on the territory of that state. We are also talking about people who have a Pole’s Card and who came to Poland with their relatives to take part in these actions.
The provisions of this law do not apply to Ukrainian citizens who previously received:
- permanent residence permit
- long-term resident’s European Union residence permit
- temporary residence permit
- refugee status
- additional protection
- consent for a tolerant stay,
as well as those who:
- has submitted an application for international protection in Poland (or on behalf of which such applications have been submitted)
- announced his intention to apply for international protection.