We kindly inform you that the legal stay of Ukrainian citizens (and specified members of their families) who arrived in Poland between February 24, 2022, due to the ongoing armed conflict on the territory of Ukraine, has been extended until June 30, 2024.
The amendment to the Law on Assistance to Citizens of Ukraine in Connection with the Armed Conflict on the Territory of Ukraine entered into force on 22 February this year. Additionally, the provisions of Article 2, paragraphs 10 and 11 of the mentioned law remain in force, further extending the period considered as legal stay:
- Until August 31, 2024, for individuals who, on June 30, 2024, will be receiving pre-school education, fulfilling compulsory education, or participating in distance learning, and if these individuals are minors – also their parents or guardians.
- Until August 31, 2024, for individuals who, on June 30, 2024, will be receiving pre-school education or schooling within the Ukrainian education system, using distance learning methods and techniques, and if these individuals are minors – also their parents or guardians.
- Until August 31, 2024, for individuals who started vocational education in the 2022/2023 school year, attended vocational secondary school, post-secondary school, or adult education, and if these individuals are minors – also their parents and guardians.
- Until September 30, 2024, for individuals taking a secondary school examination in the make-up session, and if these individuals are minors – also their parents and guardians.
Changes have also been introduced to regulations preventing Ukrainian citizens from falling into illegal stay and supporting the legalization of their stay in Poland. Similar extensions until June 30, 2024, apply to periods in which:
- The periods of stay and validity of national visas for Ukrainian citizens are extended by operation of law.
- The validity periods of temporary residence permits for Ukrainian citizens are extended by operation of law.
- Deadlines for Ukrainians to leave Polish territory (under Article 299, paragraph 6 of the Act of December 12, 2013, on Foreigners) are extended by operation of law.
- Deadlines for voluntary return (currently voluntary departure) specified in decisions obliging Ukrainian citizens to return (under Article 315, paragraph 1 of the Act on Foreigners) are extended by operation of law.
- The validity periods of residence cards, Polish identity documents for foreigners, and "tolerated stay" documents issued to Ukrainian citizens are extended by operation of law.
- The stay of Ukrainian citizens in Poland is recognized as legal following the expiration of the permissible short-term stay period (based on a Schengen visa issued by a Polish authority, a visa issued by another Schengen area country, a residence document issued by the competent authority of another Schengen area country, or within the visa-free regime).
- Requirements related to the size and quality of economic activity, as stipulated in Article 142, paragraph 1, point 3 of the Act of December 12, 2013, on Foreigners, do not apply to Ukrainian citizens conducting economic activities based on registration in the Central Register and Information on Economic Activity.
- Article 42a, paragraph 1 of the Act on assistance to Ukrainian citizens in connection with the armed conflict in the territory of that country is applied, establishing a subsidiary legal basis for granting temporary residence permits to Ukrainian citizens.
- Proceedings concerning the obligation of a foreigner to return may not be initiated or may be dismissed with respect to Ukrainian citizens.
The described changes are introduced by the Act of February 9, 2024, amending the law on assistance to Ukrainian citizens in connection with the armed conflict in the territory of that country, the personal income tax law, and the corporate income tax law (Journal of Laws, item 232).
The law follows the extension by the Council of the European Union (Implementing Decision (EU) 2023/409 of October 19, 2023) of temporary protection introduced by Implementing Decision (EU) 2022/382 of March 4, 2022, recognizing the existence of a massive influx of displaced persons from Ukraine.
For details, see the statement of the Head of the UDSC.
