Special Act on assistance for Ukrainian citizens.

In connection with Russia's invasion of Ukraine, which began on 24 February 2022 and the ever-increasing number of people arriving in Poland from Ukraine due to the armed conflict in that country, the Polish government has prepared a draft law on assistance to Ukrainian citizens, which regulates issues related to the stay and employment of Ukrainian citizens in Poland.

Below we present the most important provisions of the draft law.

Application of the special law

The law applies exclusively to Ukrainian citizens. Citizens of other countries who have left Ukraine due to the armed conflict (including those who were under international protection in Ukraine) will not be able to benefit from the solutions provided for in this law.

Residence

According to the draft law, the residence of any Ukrainian citizen who:

  • legally crossed the border with Poland between 24 February 2022 (the final date will be specified by a regulation of the Council of Ministers); and
  • declared their intention to remain in Poland
  • will be considered legal for a period of up to 18 months from 24 February 2022.

The above does not apply to Ukrainian citizens who have a permanent residence permit, a long-term EU residence permit, a temporary residence permit, refugee status, subsidiary protection or a tolerated stay permit.

Legal crossing of the border with Poland means:

  • registration by the commander of the Border Guard post during the inspection of a Ukrainian citizen's entry into Poland (appropriate stamp in the passport or document of consent from the commander);
  • submission of an appropriate application by a Ukrainian citizen already on Polish territory (no later than 60 days from the date of entry into Poland).
  • Ukrainian citizens leaving Polish territory for a period exceeding 1 month will lose this right.

Assignment of a PESEL number

Ukrainian citizens will also be assigned a PESEL number on the basis of an application submitted to any municipal authority. The application must be accompanied by a photograph of the person to whom the PESEL number is being assigned, and their fingerprints will also be taken.

mObywatel application

Ukrainian citizens will also be able to have an electronic document containing their current data in a mobile application (mObywatel).

Status of persons staying in Poland on the days of the invasion

On the basis of the special act, the legality of stay of Ukrainian citizens residing in Poland on 24 February 2022 will be automatically extended on the basis of:

  • visa-free travel,
  • national visa,
  • Schengen visa,
  • residence permit,
  • consent of the Commander-in-Chief of the Border Guard.
  • The above residence permits will be automatically extended until 31 December 2022.

However, persons who take advantage of the extension of their legal stay will not be able to cross the border.

Further stay in Poland

Persons who have taken advantage of the solution introduced by the special act will be able to apply for a temporary residence permit, once, for a period of 3 years. The application must be submitted no earlier than 9 months after the date of entry and no later than 18 months after 24 February 2022.

Ukrainian citizens with a temporary residence permit will be entitled to work without the need for a work permit.

Work without a work permit

Under the special act, it will be possible to work in Poland without a work permit. The employer will be required to report this fact to the labour office within 7 days of the Ukrainian citizen starting work via the praca.gov.pl portal.

Unemployed status

Ukrainian citizens will be able to register as unemployed or job seekers. Thanks to these solutions, Ukrainian citizens will be able to take advantage of labour market services in the form of:

  • job placement
  • career counselling
  • training.

Conducting business activity

Ukrainian citizens will also have the right to undertake and conduct business activity on the same basis as Polish citizens, provided that they obtain a PESEL number. If the stay of a Ukrainian citizen ceases to be legal, the entrepreneur will be removed from the CEIDG.

Benefits for persons providing accommodation and meals

The draft also provides that any entity, including in particular a natural person, who provides accommodation and meals to Ukrainian citizens may be granted a cash benefit for this purpose on the basis of an agreement concluded with the municipality. However, the benefit will be payable for no longer than 60 days. These funds will be provided by provincial governors.

Details regarding the granting and amount of benefits will be regulated by way of a regulation. The special act does not explicitly specify the amount of this benefit.

Other benefits and entitlements

The draft act also provides for a number of other entitlements for Ukrainian citizens legally residing in Poland, such as:

  • entitlement to family benefits, child-rearing benefits, good start benefits, family care capital, subsidies for reducing the cost of childcare in nurseries and other facilities;
  • the right to a one-off cash benefit of PLN 300.00 per person, intended for living expenses, covering the cost of food, clothing, footwear, hygiene products and housing costs;
  • the right to cash and non-cash benefits under the terms and conditions of the Social Assistance Act;
  • entitlement to free psychological assistance;
  • entitlement to food aid under the European Fund for the Most Deprived;
  • entitlement to medical care provided in Poland;
  • Ukrainian citizens legally residing in Poland who are students will be able to apply for social scholarships and student loans.
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