A citizen of a country other than Ukraine plans to go to another EU country – will he/she be allowed to cross the border in terms of the new EU regulations, or does he/she have to apply for a visa to enter it and in the meantime legalize his/her stay in Poland?

Due to the lack of border control at the internal borders of the EU (including the border between

Poland and Czech Republic), at the time of crossing the border, the legality of the border crossing

will not be verified. However, the legality of a foreigner’s stay may be checked at any time already

on the territory of Czech Republic. Assuming that the question concerns a situation in which an

Indian citizen entered the territory of the Republic of Poland directly from the territory of Ukraine

from February 24, 2022, it should be noted that the special act on which the parliamentary works on

March 9, 2022 are still underway, generally do not apply to nationals of third countries (other than

Ukraine).

In this situation, it is possible to refer to the Council Implementing Decision (EU) 2022/382 dated 4

March 2022 declaring the existence of a mass influx of displaced people from Ukraine within the

meaning of Art. 5 of Directive 2001/55 / EC and resulting in the introduction of temporary

protection. It applies to the following categories of displaced persons who had to leave Ukraine from

24 February 2022 following the military invasion launched by the Russian armed forces on that date:

a. Ukrainian citizens residing in Ukraine before February 24, 2022;

b. A stateless people or third-country nationals other than Ukraine who were under international or

equivalent national protection in Ukraine prior to 24 February 2022;

c. Family members of the people mentioned in points a) and b).

The above-mentioned people have been granted temporary protection in the EU countries, hence in

Czech Republic as well, which opens the way for these foreigners to enter the territory of the Czech

Republic and stay legally in that country, or to apply for international protection. Temporary

protection is generally granted for a period of up to 1 year with the possibility of extension.

Protection is also provided for stateless people and third-country nationals other than Ukraine who

can prove that they have resided legally in Ukraine before February 24, 2022 based on a valid

permanent residence permit issued in accordance with Ukrainian law, and who are unable to return

to safe conditions in their country or region of origin.

As for the remaining foreigners who are not citizens of Ukraine, EU members may also grant

temporary protection to all other stateless people or citizens of third countries other than Ukraine

who have legally resided in Ukraine and who are not able to return in a safe and durable

environment to their country or region of origin. Such people may include third-country nationals

who, at the time of the events leading to the mass influx of displaced people, studied, or worked for

a short time in Ukraine. The purpose of such protection, however, is not to legalize the stay of such a

person in an EU country permanently, but only to enable them to travel safely to return to their

country or region of origin. Therefore, the possible longer stay of the Indian citizen named in the

question in the Czech Republic is governed by the national regulations of the Czech Republic and

requires verification in the Czech legal system.