Newsletter

War in Ukraine – legal regulations concerning the stay of the Ukrainians in Poland

As a result of the outbreak of war in Ukraine and the massive inflow of Ukrainian people seeking refuge in Poland, immediately after providing the necessary humanitarian aid, there is an urgent need to establish legal regulations regarding the stay of the citizens of Ukraine in the Republic of Poland. In the case of many people who decide to stay longer in Poland, it will also be necessary to ensure that they have an opportunity to work legally.

Crossing the border

Observing the present situation, we can assume that the people fleeing Ukraine will cross the Polish border mainly:

1. under visa-free regime
   • period of stay in Poland: no longer than 90 days over a 180-day period (the total period of stay within all Schengen States, including Poland, is taken into account),
   • necessary documents: biometric passport (in accordance with the communication of the representatives of Polish authorities, as of 25 February 2022, Ukrainian citizens are not required to present any other document),
2. on the basis of consent of the Commander of the Polish Border Guard granted when crossing the border (“exceptional entry”)
   • period of stay in Poland: no longer than 15 days,
   • necessary documents: any identity document; however, according to the media statements by members of the Polish government, consent may also be granted to people who have no documents,
3. on the basis of an application for granting international protection submitted when crossing the border (such an application can also be submitted at a later time to a Border Guard unit),
   • period of stay in Poland: until the time of examination of the application, possibly at least several months,
   • necessary documents: passport or another identity document, additional documents demonstrating a real threat in the state of origin,
   • however, the submission of the application for international protection entails some additional restrictions, e.g. one is not allowed to leave the territory of Poland during the period of waiting for a decision, and in the first 6 months of the period of waiting for the decision, one is not allowed to take up employment in Poland.

Ukrainian citizens who cross the border on the terms presented above are not required to complete any other formalities on the territory of Ukraine.

In addition, the right to cross the border may be exercised by individuals who have:

1. a national visa (“D”) issued by a Polish consul in Ukraine, or a Schengen visa (“C”), or a visa or another residence permit issued by another Schengen State,
2. a temporary residence permit, a permanent residence permit, or a long-term EU resident permit and a valid residence card.

According to the communication by the Ministry of Internal Affairs of Ukraine, in the period of martial law, travelling outside Ukraine is restricted for men – Ukrainian citizens aged 18-60. However, there are exceptions to this prohibition which apply e.g. to individuals unfit for military duty, single parents or persons with 3 or more dependants below the age of 18.

Due to the armed conflict in Ukraine, all persons crossing the Polish-Ukrainian border are exempt from the obligation to present to a Polish Border Guard a negative result of a SARS-CoV-2 test and are not subject to quarantine.

Legalisation of stay

After the expiry of the period of 90 days (in the case of the visa-free regime) or 15 days (if crossing the border on the basis of consent granted by the Commander of the Polish Border Guard), Ukrainian citizens will be required to legalise their stay in Poland by obtaining:

1. a temporary residence permit
   • the permit is granted for no longer than 3 years,
   • if the period of stay in Poland exceeds 90 days, its purpose must be documented,
   • Polish regulations provide for several types of temporary residence permits, e.g. for the purpose of employment or study,
   • authority: the province governor competent for the place of stay of the foreigner,
2. a permanent residence permit
   • may be issued only to persons belonging to the categories mentioned in the Law on Foreigners, e.g. those who have Polish ancestors and intend to stay in Poland permanently, or ones who hold the Card of the Pole,
   • authority: the province governor competent for the place of stay of the foreigner,
3. national visa (“D”):
   • for a period longer than 90 days, but not exceeding 1 year, with a possibility for renewal,
   • the authority issuing it is the Polish consul in Ukraine.

Employment in Poland

In many cases, the legal regulation of employment of Ukrainians in Poland will require the involvement of their future employers.

Ukrainian citizens who stay in Poland legally may take up employment on the basis of:

1. a statement made by an employer and registered with a District Employment Office:
   • it allows for employment for a period not exceeding 24 months without the need to obtain a work permit,
   • the employer must register the statement with a District Employment Office,
   • fee: PLN 30,
2. a work permit
   • type ‘A’ or ‘B’ work permits are issued most often; an application for the work permit is submitted by the employer and it is issued for the maximum period of 3 years by the competent province governor,
   • fee: PLN 50-100.

In addition, employment in Poland is allowed (without the need to obtain the permit or to register the employer’s statement) in the case of Ukrainian citizens who:

1. hold a temporary residence and work permit,
2. hold a permanent residence permit,
3. hold a long-term EU resident permit,

The Ukrainian citizens who submit an application for international protection cannot take up employment for the first 6 months of waiting for the examination of their application.

Media quote the statements made by the representatives of Polish authorities regarding the possibility to adopt special legal solutions to enable Ukrainian citizens to enter, stay and work in Poland. However, no details are known yet. This information was prepared on the basis of the legal framework in force on 1 March 2022 which may be subject to change.

KONTAKT

Tomasz Srokosz Partner, Katowice

E: tomasz.srokosz@pl.Andersen.com
T: +48 32 731 68 52
M: +48 512 286 226

Katarzyna Komulainen Partner, Warsaw

E: katarzyna.komulainen@pl.Andersen.com
T: +48 22 690 08 77
M: +48 606 760 836

Justyna Tlatlik Senior Associate | Legal advisor | PhD, Katowice

E: justyna.tlatlik@pl.andersen.com
T: 32 731 68 88