The Polish government is currently working on new regulations regarding the situation of Ukrainian citizens in Poland.
The draft law on assistance to Ukrainian citizens in connection with an armed conflict in the territory of this country will most likely be introduced into the Polish legal system within the next few days.
Further to the above, the Polish Border Guard recommends not to submit applications for international protection for now as there will be some legal simplifications for Ukrainian citizens soon.
The KPMG International member firm in Poland will provide an update as soon as the new law on assistance to Ukrainian citizens in connection with an armed conflict in the territory of this country enters into force.
Below you will find the Polish government immigration updates related to the war in Ukraine.
I. Entering Poland
All Ukrainians evacuating from the territory of Ukraine will be allowed by the Polish Border Guard to enter Poland. It can be on the basis of:
- visa-free movement (for biometric passport holders);
- national visa (D) or Schengen visa (C);
- a long-term visa or a residence permit issued by another Schengen state;
- the consent issued by the Commander in Chief of the Polish Border Guard, granted when crossing the border, allowing an individual to stay up to 15 days in the territory of Poland (based on the Article 32 of the Act on Foreigners);
- the temporary residence permit, permanent residence permit, or a long-term resident’s EU residence permit and the valid residence card;
- an application for granting international protection filed at the Polish border crossing point.
In case of 4) above, Ukrainian citizens are allowed to enter Poland without travel documents, e.g., based on their Ukrainian IDs, driving licenses, expired passports, birth certificates or any other documents confirming identity. In case of 6) above, they may enter the country even without documents.
Please be advised that it is recommended for biometric passport holders to cross the border on the basis of the visa-free movement. Applying for international protection could cause some limitations on the individual trying to cross into Poland and this step is recommended only for persons who cannot cross the border on another basis.
II. COVID-19 restrictions
Neither a COVID-19 certificate nor a negative COVID-19 test result is required.
There is no quarantine after crossing the border.
III. Work performance and residence
Ukrainian individuals may work in Poland during a period of visa-free movement if they possess a work permit or an employer’s declaration of the intention to commission work to a foreigner – a statement (simplified work permit, so called "oświadczenie"). The application for their work permit or statement can be submitted while they are in Poland. Once their Polish work permit or statement is issued, they can start working with the Polish entity. There is also possibility of working as a seconded employee (Ukrainian company delegates to work in a Polish company) on the basis of a secondment letter for 30 days during one calendar year.
Currently, the fastest way to obtain a right to work is to register a Statement (Oswiadczenie) in the office. Then as soon as the document is received, the individual may start performing work. For now, it is possible to obtain this document in 5-10 working days; however, the situation in the Local Labour Offices is changing very dynamically. Due to the current situation in Ukraine, unfortunately, delays may occur.
If a Ukrainian citizen applies for international protection, he will not be allowed to work during the process. However, if the decision regarding refugee status has not been issued within six months and the applicant is not responsible for this delay (e.g., due to his declining to participate in the interview), he is allowed to apply to the Head of the Office for Foreigners for a certificate, which along with the temporary ID document (TZTC), grants the right to work legally in Poland until the international protection application has been processed.
Ukrainian citizens staying in Poland do not have to leave if their residence permits expire, the validity of permits is prolonged.
IV. Exceptions to Compulsory Military Service
Please note that, generally, men who are between 18 and 60 years old will not be allowed by Ukrainian border guards to leave the country.
However, there are some exceptions to compulsory military service – conscription, in accordance with Article 23 of the Act – amongst which:
- persons performing service during mobilisation or war in organs of state authority other than the military;
- persons recognised by a military medical commission as temporarily unfit for service - up to six months from the decision;
- men and women with at least three dependent children up to the age of 18;
- single parents with a child / children;
- parents or guardians of a disabled child – group A, if the child is under 18 years of age;
- parents or guardians of a disabled child who has any defects in the functioning of an organ in the III or IV stage and limitation of the vital activity of any category in the II-III stage;
- parents or guardians of a disabled child at stage I or II, until the child is 23 years of age;
- guardians or foster parents of children up to 18 years of age;
- permanent guardians of people who, in accordance with the Act, require care, in the absence of other people who can provide such care;
- parliamentarians;
- employees of military management bodies;
- students and doctoral students of higher education, assistants - trainees, aspirants, and doctoral students;
- researchers, research and teaching staff of higher education and scientific organisations, holding an academic degree
- men or women whose loved ones died or went missing during counter-terrorist operations.
Please also be advised that we have been receiving information from the border that Ukrainian guards do not apply some of the aforementioned exceptions in practice (e.g., student status).
V. Entering Polish territory with pets
The Polish Chief Veterinary Inspectorate has introduced new regulations thanks to which animals, even those without a complete set of documents, can cross the Polish border.
Animals do not need to be serologically tested for anti-rabies antibody titers. Dogs, cats, and ferrets that are not vaccinated against rabies will be vaccinated in Poland at the expense of the state budget.
Vi. Recommendations
We recommend that employees who want to relocate to Poland consider leaving Ukrainian territory as soon as possible. They should bring travel documents and documents confirming qualifications (e.g., diplomas, supplements, work experience certificates, and others) and family relationships (birth and marriage certificates). Please also be informed that male employees who are currently staying in Poland should not travel to Ukraine as most probably they will not be able to come back.
For assistance or further information, please contact Marta Szurek, KPMG in Poland at: Tel. +48 22 528 11 99, +48 500 074 289 or mszurek@kpmg.pl.