Temporary Protection Status for Ukrainian Nationals in Poland will be Extended

The Polish government’s draft bill amending the Act on Assistance to Citizens of Ukraine in Connection with the Armed Conflict on the Territory of this Country has been published and works already started. Temporary protection for Ukrainian nationals will be extended to align with decisions of the Council of the European Union. According to the bill, measures regarding Ukrainian nationals which expire on March 4, 2024, will be firstly extended until June 30, 2024, then subject to further amendments, until March 4, 2025.

It is not yet confirmed what kind of amendments we can expect in the second half of the year. It has been announced there will be no major changes in the regulations until June 30, 2024.

The most important aspects of the extension cover:

1. Right to stay in Poland for holders of UKR status, i.e. persons who arrived due to the armed conflict in Ukraine and hold temporary protections status;
2. Right to stay in Poland for Ukrainian nationals whose visas, temporary residence permits or right to stay in visa-free regime expired after February 24, 2022 (i.e. persons who don’t hold temporary protection status and have earlier stayed in Poland under general terms);
3. Right to work under simplified terms without work permit, subject to notification submitted by the employer within 14 days from commencement of work. The major unresolved issues remain:
   1. Non-working dependants with UKR status still cannot apply for residence permit – they continue benefitting from temporary protection. No action required.
   2. Statutory deadlines to issue permits is still suspended. The immigration office is not obliged to issue immigration documents until statutory deadlines prescribed by law. Please note this is already possible to submit residence permit application for all persons holding UKR status, who are working in Poland. Such status allows to receive temporary residence permit (either for work or for running business activity) and EU Blue Card. We recommend to start the process and switch to regular immigration status as soon as possible.

Erickson Insights and Analysis

Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.