The special act regulating the stay of Ukrainians – examples
March 29, 2022
A special act regulating the stay of Ukrainians in Poland has been introduced. It not only guarantees easier obtaining of PESEL, but also helps in getting a job and provides financial support. In this article, we present seven specific examples that raise doubts.
The following criteria are taken according to which different regulations may apply:
- Citizenship
- Date of entry to Poland
- Place of crossing the border
- Possessed residence permits:
- biometric passport
- residence card
- missing documents
Are you looking for this information but in Ukrainian? Download our brochure about the special act in Poland – it is in Ukrainian!
Case 1. A citizen of Ukraine entered to the territory of Poland after February 24. directly from the territory of Ukraine
- If someone has a residence card – the law of the special act do not apply to him
- If someone has filed an application for international protection, the provisions of the special act with regard to this application shall apply
- If he/she declares a stay in Poland – obtains the right of residence for 18 months from 02/24/2022, i.e. until 08/24/2023
- without the residence permit’s procedurę
- she/he can use the benefits of the special act
- may submit an application for a residence permit no earlier than 9 months from the date of entry
Case 2. Entering to Poland without documents
Within 60 days, he/she should go to the commune office and declare his/her stay. He/she should also apply for a Polish ID Number (PESEL)
Application for a PESEL number = the application + photo + fingerprint
This is a procedure that is similar to applying for a residence permit
If someone already had Pesel, then she/he only need to register his/her stay in a given commune.
The rules of the Special Act apply also to non-Ukrainian foreigners if they are married of Ukrainians – the same rules as for Ukrainian citizens.
Q: If I leave Poland and want to return then, will I lose the right to benefit from the Special Act?
A: In case If someone leave the territory of Poland for more than 1 month, he/she loses the privileges resulting from the Special Act. However, it is difficult to check due to the lack of border controls in the Schengen area. Every country of the European Union introduces the similar regulations.
Case 3. A Ukrainian citizen enters to Poland, but crossed the border Ukraine-Slovakia
A Ukrainian citizen who enters to Poland from Slovakia (crossing the Ukraine-Slovakia border), cannot benefit from the Special Act (this is to be changed in the near future). If a Ukrainian citizen has a residence card or a visa and has entered the territory of Poland but crossed the Ukrainian border with Slovakia or Hungary, then he/she uses the already possessed documents, the validity of which is extended until December 31, 2022. The so-called The covid fiction also extends the residence card or permit until the end of the pandemic is announced.
Case 4. When a Ukrainian citizen has residence permits in Poland from before 24.02)
In the case when Ukrainian citizen have residence permits in Poland (she/he have it before 24.02) – then rules for him/her so not change, the so-called gneral rules, this person do not use the benefits from special act. Extending the validity of documents – residence cards does not allow you to cross the border. Example: If a Ukrainian citizen leaves Poland, for example to Dubai, then he/she will not be able to return.
Case 5. A Ukrainian citizen entered the country without any documents, crossed the border in Slovakia or Hungary
Options for legalizing foreigner’s stay:
- International protection
- Submission of an application for a residence permit
- Obtaining the right to stay in the country of entry, for example Slovakia
If Ukrainian citizen have crossed the border for example in Slovakia and this foreigner have biometric passport, in this case she/he can use general use, in other words she/he can be in Poland for 90 days, like biometric rule. For people who entered Poland without crossing the Ukrainian-Polish border – limited rules of the special act apply.
Case 6. For Belarus citizens
In case of Belarus citizens:
- the date of entry does not matter: whether it is before 02/24 or after 02/24
- may submit an application for international protection
A citizen of Belarus with a Schengen visa may legalize the stay on general terms. The special act does not apply to citizens of Belarus.
Case 7. A person without documents crosses the border UA/PL – entry on the basis of the police border officer agree
A person without documents, which are crossing the border UA/PL, without a visa, i.e. entry on the basis of the police border officer agree – is obliged to report to the commune office and register his stay within 15 days of entry.
The special act does not extend the 15-day period for Belarusian citizens without a Schengen visa, so they only have 15 days of legal stay.
Russian citizens – no sanctions for them, but no visas are issued for them. They can only obtain them in justified cases.
The right to work for Ukrainian citizens
Within 14 of their employment, the employer is obliged to report about hiring a Ukrainian citizen to the Labor Office in the city where employer’s firm is situated via the praca.gov.pl portal – declaration procedurę. The labor market has been freed and the obligation of permits has been abolished. Additionally: there is a possibility of starting a business activity in Poland by UA citizens.
Additional benefits resulting from the Special Act
Additional benefits resulting from the Special Act:
- one-off benefits of 300 PLN after registration of stay and obtaining a Pesel number and a trusted profile
- “500+” programe (500 PLN) for child
- the possibility of using mothering capital – for newborn children
- free medical care
General rules of employment of foreigners
General rules of employment of foreigners are still applicable to people who were previously (before the war) on the territory of Poland. Another words, that is 90 days on the basis of a biometric passport for 180 days. And during entering to Poland before February 24 – residence applications.
International protection
Refugee status
A refugee is a person persecuted in their own country because of their race, religion, nationality, etc. Colloquially, we refer to refugees when referring to people fleeing an armed conflict. However, a person acquires refugee status only after the submission and examination of his application. During this examination, this person cannot work or travel to another country even to country his/her origin.
Subsidiary protection
Due to an armed conflict, people fleeing their country can use subsidiary protection. This protection is temporary. It is available to Ukrainian citizens who left the UA after February 24. Also temporary protection can use foreigners who do not have Ukrainian citizenship, but who have Ukrainian’s documents, for example, Ukrainian resident card. Temporary protection is valid for 12 months + additional 6 months.
Case 8. A Belarusian citizen, who lived in Ukraine and who has the ukrainian residence permit
What in case when a Belarusian citizen, who lived in Ukraine and who has the ukrainian residnce permit and who have entered Poland without the document, just on the basis of the consent of the commander? Then, he/she is not covered by temporary protection.
Author: Izabela Szczesny
Tags employment of Ukrainians in poland, help for Ukraine, pomoc Ukrainie, special act about helping Ukraine citizens, zatrudnienie obywatela Ukrainy
