Ukraine - information, news and changes in the law regarding Ukrainian citizens Ukraine - information, news and changes in the law regarding Ukrainian citizens Ukraine - information, news and changes in the law regarding Ukrainian citizens

In the period from 24 February 2022 to the date specified in the implementing provisions, a citizen of Ukraine who legally enters the territory of the Republic of Poland directly from Ukraine and then declares their intention to stay in Poland, has the right to legally stay in Poland for 18 months, counting from 24 February 2022 (i.e., until 24 August 2023). This right, however, will be revoked if the Ukrainian citizen leaves Poland for a period exceeding 1 month.

After 9 months of legal stay, but not later than until 24 August 2023, citizens of Ukraine can apply for a temporary 3-year residence permit. This period will be counted from the date of issuing the decision.

Currently, the above-specified rules do not apply to Ukrainian citizens who remained in Ukraine before 24 February 2022 and arrived in Poland through another country. Instead, the stay of such individuals is considered legal for 12 months under the provisions on temporary protection for foreigners.

The provisions described above also apply to children being Ukrainian nationals.

If in the period from 24 February 2022 to the date specified in the implementing provisions, a pregnant citizen of Ukraine legally enters the territory of the Republic of Poland directly from Ukraine and declares her intention to stay in Poland, she has the right to legally stay in Poland for 18 months, counting from 24 February 2022 (i.e., until 24 August 2023). This also applies to the stay of her child born in the territory of the Republic of Poland.

In principle, a Ukrainian citizen may go back to Ukraine from Poland. It should be kept in mind, however, that leaving Poland for a period longer than one month will deprive the citizen of Ukraine of the right to recognize their stay in Poland as legal under the provisions of the Act on aid for the citizens of Ukraine in connection with the armed conflict on the territory of that country.

Importantly, Ukrainian citizens who seek international protection and submitted a related application should not leave Poland, since leaving Poland will be treated as withdrawing their application.

Yes. A citizen of Ukraine whose stay in the territory of the Republic of Poland is or was recognized as legal under the Act on aid for the citizens of Ukraine in connection with the armed conflict on the territory of that country is granted a temporary residence permit upon request. The permit is granted on a one-off basis, for a period of 3 years from the date of issuing the decision. The application may be submitted no earlier than after 9 months of the individual’s legal stay in Poland, however, no later than on 24 August 2023.

Moreover, pursuant to Article 105(1) and 202(1) of the Act on Foreigners, in principle, a foreigner can apply for a permanent or temporary residence permit, not later than on the last day of their legal stay within the territory of the Republic of Poland.

It should be stressed that the provisions of the Act of 2 March 2020 on special solutions related to preventing, counteracting and combating COVID-19, other infectious diseases and emergencies caused by them that, inter alia, extend the deadline for submitting an application for a temporary or permanent residence permit and the period of legal stay of a foreigner on the basis of a national visa and a temporary residence permit, until the 30th day following the date when the state of epidemic threat or state of epidemic is revoked, depending on which one was in force last, still apply.

No. In some cases, the period of legal stay in Poland will be extended without the obligation to apply:

1. If the last day of a Ukrainian citizen’s stay in the territory of the Republic of Poland based on a national visa falls in the period from 24 February 2022, the period of stay under this visa and the period of validity thereof shall be extended by operation of law until 31 December 2022.
2. If the last day of validity of a temporary residence permit granted to a citizen of Ukraine falls in the period starting on 24 February 2022, the period of validity of this permit is extended by operation of law until 31 December 2022.
3. If the last day of validity of:
   1. residence card
   2. Polish identification document or
   3. document stating “permit for tolerated stay”
   - issued for a Ukrainian citizen falls in the period from 24 February 2022, it is extended by operation of law for a period of 18 months.
4. If the last day of the period of stay of the citizen of Ukraine in the territory of Poland:
   1. based on a Schengen visa issued by a Polish authority
   2. based on a visa issued by another Schengen state
   3. based on a residence permit, issued by the competent authority of another Schengen State, entitling to travel within the territory of other states of the Schengen Area
   4. within the framework of visa-free travel
   - falls within the period from 24 February 2022 and their stay began before that date, their stay in the territory of Poland shall be considered legal for a period of 18 months.
5. The stay of a Ukrainian citizen who was allowed to enter the territory of the Republic of Poland by the commanding officer of the Border Guard post on the border of the Republic of Poland with Ukraine, pursuant to Article 32(1) of the Act on Foreigners, is considered legal for a period of 18 months.

Tak. Posiadanie numeru PESEL umożliwi m.in.:

1. start business activity
2. receive social benefits
3. receive a one-off cash benefit in the amount of PLN 300 per person
4. oreceive family benefits, parental benefit (commonly referred to as “500+”), benefit for a good start, family care capital and co-financing of the parent’s fee for the child’s stay in a nursery, children’s club or at a day-care provider’s.

A citizen of Ukraine whose stay in the territory of the Republic of Poland is considered legal in the light of the provisions of the Act on aid for the citizens of Ukraine in connection with the armed conflict on the territory of that country is assigned a PESEL number based on an application submitted to any executive body of any commune in the territory of the Republic of Poland.

Ukrainian citizens remaining in the territory of the Republic of Poland, whose stay is considered legal under the Act on aid for the citizens of Ukraine in connection with the armed conflict on the territory of that country, are, inter alia, entitled to:

• social assistance benefits
• a one-off cash benefit in the amount of PLN 300 per person
• family benefits
• parental benefit (commonly referred to as “500+”)
• benefit for a good start
• family care capital and co-financing of the parent’s fee for the child’s stay in a nursery, children’s club or at a day-care provider’s
• healthcare
• free mental health services
• accommodation and meals
• food parcels or meals under the European Fund for Aid to the Most Deprived.
Importantly, to receive some of the benefits it may be necessary to meet additional requirements, such as obtaining a PESEL number.

To receive benefits such as family benefits, parental benefit (commonly referred to as “500+”), benefit for a good start, family care capital and co-financing of the parent’s fee for the child’s stay in a nursery, children’s club or at a day-care provider’s, Ukrainian citizens residing in Poland, whose stay is recognized as legal under the Act on aid for the citizens of Ukraine in connection with the armed conflict on the territory of that country, do not need to have the annotation "access to the labour market” in their residence card.

Ukrainian citizens deemed to be legally staying in Poland under the Act on aid for the citizens of Ukraine in connection with the armed conflict on the territory of that country and having a PESEL number assigned are entitled to cash and in-kind benefits, according to the principles set forth by the Act of 27 August 2004 on publicly financed health care services.

Ukrainian citizens deemed to be legally staying in Poland, may apply for social assistance benefits. These benefits may be provided in cash (e.g., permanent, temporary, or ad hoc benefits) or in kind (e.g., shelter, food, clothing, care services, etc.)

A citizen of Ukraine, whose stay in the territory of the Republic of Poland is considered legal, under the Act on aid for the citizens of Ukraine in connection with the armed conflict on the territory of that country and based on an entry in the PESEL register, is entitled to an aid in the form of a one-off cash benefit of PLN 300 per person, intended to cover living costs, in particular the expenses for food, clothing, footwear, personal hygiene products and accommodation. The authority competent for providing the one-off cash benefit is the head of the commune, or a mayor competent for the place of residence of the beneficiary.

The responsible authority depends on the type of assistance looked for. To obtain comprehensive help and information, it is best to contact the district governor (voivode) or the executive body of the commune competent for the place of residence of the Ukrainian citizen.

Additionally, all necessary information, including application templates and contact forms, is available in Polish, Ukrainian and English on official websites of the Polish public administration bodies, for example:

• The Chancellery of the Prime Minister - #PomagamUkrainie
• Office for Foreigners - Portal Gov.pl (www.gov.pl)
• Official portals of Province Offices

Ukrainian citizens deemed to be legally staying in Poland under the Act on aid for the citizens of Ukraine in connection with the armed conflict on the territory of that country may use health care services in Poland on the same principles and within the same scope that all individuals covered by mandatory or voluntary health insurance under the Act on healthcare services financed from public funds, except for sanatorium and health resort treatment, and are also entitled to receive the same medicinal products as health care beneficiaries under the health care policies handled by the minister competent for health matters.

Ukrainian Citizens can work in the territory of the Republic of Poland during their legal (or recognized as legal) stay, if the entity entrusting work notifies of it the district labour office competent for the entity’s seat or place of work within 14 days from the date of taking up work by the citizen of Ukraine.

A Ukrainian citizen granted a temporary residence permit under the Act on aid for the citizens of Ukraine in connection with the armed conflict on the territory of that country, can work in the territory of the Republic of Poland without the need to have a work permit.

Yes, provided that a relevant authorization is granted.

Starting from 24 February 2022, for a period of 18 months, regardless of the duration of the state of epidemic or epidemic threat, a citizen of Ukraine qualified as a doctor or dentist outside EU Member States may be granted permission to practice as a doctor or a dentist and a conditional license to practice as a doctor or as a dentist, given that they meet the conditions set forth by Article 7(2a)(3) to (5) and (7) of the Act on Professions of Doctor and Dentist.

A doctor or dentist having the right to practice may practice the profession only in a medical entity and is obliged to notify the minister competent for health about the entity where they practice and the term of employment, within 7 days from the date of commencement of the provision of health services in this entity.

Yes, provided that a relevant authorization is granted.

Starting from 24 February 2022, for a period of 18 months, regardless of the duration of the state of epidemic or epidemic threat, a citizen of Ukraine qualified as a nurse outside EU Member States may be granted permission to practice as a nurse and a conditional license to practice as a nurse, given that they meet the conditions set forth by Article 35a(1)(3) to (5) and (7) of the Act on Professions of Nurse and Midwife.

A nurse having the right to practice may practice the profession only in a medical entity and is obliged to notify the minister competent for health about the entity where they practice and the term of employment, within 7 days from the date of commencement of the provision of health services in this entity.

Yes. A Ukrainian citizen legally staying in Poland can register and be recognized as an unemployed or a jobseeker.

Ukrainian citizens whose stay in Poland is considered legal under the Act on aid for the citizens of Ukraine in connection with the armed conflict on the territory of that country or under the Act on foreigners, may undertake and pursue economic activity in the territory of the Republic of Poland on the same terms as Polish citizens. This, however, remains conditional on being granted a PESEL number.