Amendment to the law on assistance to Ukrainian citizens in connection with the armed conflict on the territory and certain other acts (so-called Special Assistance Act for Ukrainian Citizens)

It should be emphasized that all the following regulations apply to Ukrainian citizens who meet the following 3 conditions:

1. They entered Poland after the start of the war (i.e., after February 24, 2022),
2. They have not left Poland for more than 30 days,
3. At the time of applying for a new residence card and on March 4, 2024, they had active UKR status.

1. Extension of Legal Stay for Ukrainian Citizens

Under the current regulations, Ukrainian citizens who have entered Polish territory are assured legal stay until June 30, 2024. The amendment extends the legal stay until September 30, 2025.

2. New Residence Card for Ukrainian Citizens

The so-called new residence card for Ukrainian citizens is an absolute innovation, as obtaining it will allow for a legal temporary stay for a period of 3 years (regardless of the decision to extend the legal stay until September 30, 2025) and will simultaneously allow employment in Poland without the need for a prior work permit. There will also be no obligation to notify the Labor Office about employing such a person (thus the employment of Ukrainian citizens will take place under the same rules as the employment of a Polish citizen). Additionally, a Ukrainian citizen will be able to freely change employers without additional formalities. In comparison, when applying to employ a foreigner, the employer must first apply for a work permit (noting that the work permit is issued for a specific employer), and then the foreigner can apply for legal residence in Poland based on this permit. Such restrictions will not apply to the employment of Ukrainian citizens.

3. Shortened Waiting Time for Residence Card for Ukrainian Citizens

The processing times for applications will also change. The legislator declares in the amendment that the waiting time for issuing a new residence card will not exceed 30 days, and in special cases, 90 days. Currently, foreigners can wait up to a year for their residence card application to be processed, and employers can wait more than 15 months for a work permit to be issued.

4. Simplified Application Procedure for Ukrainian Citizens

The legislator aims to simplify the formalities associated with applying for a new residence card. Therefore, to obtain a residence card, a Ukrainian citizen will need to visit the municipal office to update data in the PESEL UKR system (in practice, this will involve passport stamps to verify whether the applicant has not exceeded 30 days of stay outside Poland). Then, the Ukrainian citizen will need to apply for a new residence card. To submit the application, only basic personal data, a UKR passport, and a photograph will be needed. No other formalities or declarations will be required. There will also be an option to submit the application online, but this will require either a trusted profile or a qualified signature. Offices are already encouraging online submissions, which will help reduce queues and streamline the entire process. The amendment (and thus the above regulations) will not apply to Ukrainian citizens who do not meet the aforementioned three conditions. In such cases, issues related to their stay in Poland or the procedure for their employment in Poland will be conducted under general rules. Maria Czechowska Trainee attorney-at-law