On March 12, the Government of Poland adopted a special bill regarding Ukrainian citizens who have fled Ukraine due to the Russian invasion. The regulations go into effect from February 24, 2022, which means individuals who arrived in Poland before then may also benefit. However, the bill applies only to Ukrainian citizens.
Highlights
- Ukrainian citizens who entered Poland in connection with the war have a right to stay until August 24, 2023, without completing additional formalities. This applies only to Ukrainian citizens who arrived in Poland directly from Ukraine.
- Ukrainian citizens legally residing in Poland can work in Poland on simplified terms with notification to a Local Labour Office within 14 days of their start date;
- Ukrainian citizens who did not register with a Border Guard when they crossed the border must register at a municipal administration within 60 days of arrival.
- The Ukrainian citizen will obtain a PESEL identification number in the same process.
Ability to Reside in Country
- Citizens of Ukraine who entered Poland on or after February 24, 2022, either directly from Ukraine or from another country (but hold a Pole’s Card – Karta Polaka) and declare their intention to stay in Poland, have the right to legal residence for 18 months from February 24, 2022. Residence extensions do not apply to Ukrainian citizens with other residence permits or foreign nationals who have applied for international protection, such as refugee status or declared their intention.
- Ukrainian citizens may not leave Poland for a period longer than one month and still maintain their residence right.
- Ukrainian citizens, whose stay in Poland is legally based on the presented rules, will be able to apply for a temporary residence permit issued for 3 years with further access to the labor market without a work permit. Residence permit applications must be submitted between 9-18 months after entry to Poland.
Ability to Obtain Work Authorization
The labor market in Poland is open to all Ukrainian citizens who entered Poland legally on or after February 24, 2022, and to Ukrainians who were in Poland before.
An employing company must notify the District Labour Office within 14 days from commencing the employment via the webpage praca.gov.pl.
Document Validity Extensions
The new guidance extends the validity of existing national visas and residence permits for Ukrainian citizens that are set to expire on or after February 24, 2022. They will be automatically extended until December 31, 2022.
Additionally, if a Ukrainian citizen entered Poland before February 24, 2022, with a biometrical passport – visa-free stay, or Schengen visa issued by Poland, or a visa or other residence documents issued by another Schengen country, their validity will be extended for 18 months.
Erickson Insights
With guidance from EIG’s International Practice network, we expect that the special bill may be amended in the near future to address contradictions within the bill and clarify other areas.