Legal Residence for Ukrainian Citizens
The legal residence of Ukrainian citizens (and specified family members) who arrived in Poland due to the ongoing conflict in Ukraine between February 24, 2022, and September 30, 2025, has been extended until September 30, 2025. The amendment to the regulations has been published in the Journal of Laws and will come into effect on July 1, 2024.
Extension of the Legal Residence Period
Upon the implementation of the amendment to the Act on Assistance for Ukrainian Citizens due to the Armed Conflict in Ukraine, the period of residence for Ukrainian citizens (and specified family members) considered legal will be extended until September 30, 2025.
Changes have also been made to the regulations supporting the legalization of the stay of Ukrainian citizens in Poland. The following periods have been similarly extended to September 30, 2025:
- Periods of stay and validity of national visas for Ukrainian citizens;
- Validity periods of temporary residence permits for Ukrainian citizens;
- Deadlines for Ukrainian citizens to leave Poland (based on Article 299, Section 6 of the Act of December 12, 2013, on Foreigners);
- Voluntary return deadlines (currently voluntary departure deadlines) specified in decisions obligating Ukrainian citizens to return (based on Article 315, Section 1 of the Act on Foreigners);
- Validity periods of residence cards, Polish identity documents for foreigners, and "tolerated stay" documents issued to Ukrainian citizens;
- Preferential rules for conducting business by Ukrainian citizens if they conduct business based on an entry in the Central Register and Information on Economic Activity;
- Subsidiary rules for granting temporary residence permits to Ukrainian citizens.
Legal Employment and Notification Obligation to PUP
The Act also amends Article 22, regulating the employment of Ukrainian citizens. A Ukrainian citizen is entitled to work in Poland if the following conditions are met:
- They are legally residing in Poland;
- The entity assigning the work (i.e., employer) notifies the relevant county labor office within 7 days of the Ukrainian citizen starting work;
- The work time is not less than specified in the notification, and the number of hours is not less than specified in the notification;
- They receive a salary not less than specified in the notification or determined by the rate specified in the notification, proportionally increased in case of an increase in work time or hours;
- The salary they receive meets the requirements specified in the minimum wage regulations, where applicable.
The entity assigning the work (employer) must resubmit the notification within 7 days of the following changes:
- A change in the type of contract between the employer and the Ukrainian citizen;
- A change in the position or type of work performed;
- A reduction in the work time or hours per week or month specified in the notification;
- A reduction in the monthly or hourly wage rate specified in the notification.
Change in the Deadline for Submitting a PESEL Number Application
The amendment specifies that the application for a PESEL number for a Ukrainian citizen legally residing in Poland (based on Article 2, Section 1) must be submitted immediately upon arrival in Poland. Previously, the deadline was 30 days.
Residence Permits for Ukrainian Citizens under Temporary Protection
As of April 1, 2023, Ukrainian citizens with a PESEL number with UKR status can apply for temporary residence permits to work or conduct business. This option is available to those confident in the Polish labor market and who wish to forgo temporary protection. The amendment expands this option, allowing for temporary residence permits for:
- Family members of a Polish citizen: the spouse of a Polish citizen and the minor child of a Polish citizen's spouse (Article 158, Section 1 of the Act on Foreigners);
- Family reunification (Article 159, Section 1 of the Act on Foreigners).
Residence Card for Individuals under Temporary Protection
The Act introduces a new path for further legalizing the stay of Ukrainian citizens under temporary protection. This service is planned to launch next year and will be available exclusively in electronic form.
For more details see the UDSC Announcement
Informational Meeting - Learn More
We remind you that an online informational meeting will be held on July 9, 2024, at 9:00 AM to discuss the significant legal changes resulting from this amendment.
You are warmly invited to participate - details HERE.
