How to submit an application for temporary residence on behalf of an unaccompanied minor?

The amendment to the Act on Assistance to Ukrainian Citizens in Connection with the Armed Conflict on the Territory of Ukraine, signed in January 2023, repealed the provision entitling Ukrainian citizens to apply for a temporary residence permit for a period of 3 years (repeal of Article 38 of the Act).

Unaccompanied minors covered by the Special-purpose Act are allowed to stay in Poland until June 30, 2023. Simultaneously, it should be emphasised that until August 31, 2024, the right of residence in Poland is extended for those Ukrainian citizens who have legally arrived in Poland since February 24, 2022 in connection with the hostilities in Ukraine, who:  

· are in pre-school education, compulsory education or compulsory education in the Polish educational system (in accordance with the Education Act) as of June 30, 2024;

· receive education in a kindergarten or school operating in the Ukrainian education system through distance learning methods and techniques as of June 30, 2024;

· not later than in the school year 2022/2023 have commenced their studies in an upper secondary vocational school, post-secondary school or adult school. 

Such an extension also applies to their parents or guardians if the individuals are minors.

Until September 30, 2024, the stay of Ukrainian citizens entering the Polish secondary final examinations within the resit period shall be extended.

The application on behalf of the child will need to be signed by their legal guardian. If a child who has arrived from Ukraine does not have parents or other legal guardians in Poland, it is necessary to apply for the appointment of a temporary guardian to apply for a temporary residence permit on behalf of the child.

The temporary guardian represents the child before courts and authorities and has custody of the child and of the child’s property (Article 25 of the Act of March 12, 2022, on Assistance to Ukrainian Citizens in Connection with the Armed Conflict on the Territory of Ukraine). Learn more about the temporary guardian here: https://ukraina.interwencjaprawna.pl/jak-zostac-opiekunem-tymczasowym-dziecka-z-ukrainy-bez-rodzicow/