Act on assistance to the citizens of Ukraine | PRO HR Alert

2022.03.14

We present a summary of the most important changes related to the Act on assistance to the citizens of Ukraine in connection with the armed conflict.  

The rights of a foreigner national depends on many variables including citizenship, date of entry to Poland, place of crossing the border and possessed residence documents if any. 

In this publication we discuss issues related to the stay of Ukrainian citizens and citizens of other countries, the right to work and additional benefits. 

I.    Residence of citizens of Ukraine

→ Entry to Poland on or after 24 February 2022

1.    Direct entry from the territory of Ukraine

  • Persons, who entered Poland starting from 24 February 2022 and declare their intention to stay in Poland have the right to reside legally for 18 months, i.e. until 24 August 2023.  
  • Extension of the legal stay on this basis does not apply to foreigners who have other residence titles, including temporary residence permit, permanent residence permit, long-term resident's EU residence permit and foreigners who have applied for international protection (i.e. refugee status, subsidiary protection) or who declared their intention to apply for such protection. 
  • Leaving the territory of Poland for a period longer than one month deprives of the right to reside legally. 
  • People who have entered without being registered by the Commander of the Border Guard (they do not have a stamp in their passport or any other document confirming their entry to Poland) must visit the nearest municipality or town office within 60 days to register their entry. 
  • The PESEL number will be assigned in a special procedure after fingerprints are taken. 

Regulations in this category also apply to:

  • Citizens of Ukraine who entered Poland from another country, if they hold the Pole’s Card, for example if the route of travel led from Ukraine to Poland through Slovakia.
  •     
  • Citizens of other countries if they are married to a citizen of Ukraine.

2.    Entry from the territory of another country

  • General residence regulations apply with the reservation that national visas and temporary residence permits which last day of validity falls on or after 24.02.2022 are extended until 31.12.2022..
  • Consider: applying for temporary protection, international protection, protection in the country of entry to Schengen or applying for a residence permit.

→ Entry to Poland before 24 February 2022.

  • General rules apply with the reservation that national visas and temporary residence permits whose last day of validity falls on or after 24.02.2022 are extended until 31.12.2022.
  • Consider: applying for international protection or submitting an application for a residence permit.  

II.    Residence of citizens of other countries

→ Entry to Poland on or after 24 February 2022

1.    Direct entry from the territory of Ukraine

  • General residence regulations apply.
  • In the case of direct entry based on a permit from the commandant of a Border Guard post  (entry without the proper documents) the legal 15-day stay is not extended. 
  • Consider: applying for temporary protection, international protection or submitting an application for a residence permit.  

2.    Entry from the territory of another country

  • General residence regulations apply.
  • Consider: applying for temporary protection, international protection or applying for a residence permit.

→ Entry to Poland before 24 February 2022.

  • General residence regulations apply.
  • Consider: applying for international protection or applying for a residence permit.

III.    Right to work in Poland 

Citizens of Ukraine legally residing in Poland on the basis of the provisions of the Act or regular (general) regulations:

1.    Have a right to work without a permit. The condition for legal employment is only to notify the labour office of employing a foreigner. The notification should be submitted within 14 days from taking up employment via the ICT system praca.gov.pl.

2.    Have been granted the right to sole proprietorship in Poland without additional authorization

IV.    Additional benefits

Citizens of Ukraine entered in the PESEL registry may apply for a single cash benefit in the amount of 300 PLN per person.

Ukrainian citizens are also entitled to the following benefits: 

  • medical care;
  • free psychological assistance; 
  • family benefits; 
  • parental benefits, if they reside with children in Poland 
  • good start benefits, if they reside with children in Poland 
  • family care capital; 
  • subsidies for the child's stay in a nursery, children's club or with a child care provider.