Can people who stay in Poland under the Special-purpose Act submit an application for temporary residence (for work/study/other) during the first 9 months of their stay or is the submission of any application during the first 9 months prohibited?

If a person stays in Poland by virtue of Article 2(1) of the Special-purpose Act, his/her stay remains legal for a period of 18 months counting from 24 February 2022 and he/she is entitled to work for this period (if the district labour office is informed about it). From the perspective of legality of residence and work, there is therefore no need for such a person to apply for a temporary residence permit.

Furthermore, a person staying in Poland on the basis of Article 2(1) of the Special-purpose Act does not have the possibility to apply for a temporary residence permit due to the circumstances indicated in the Act on Foreigners (with the exception of the temporary residence permit for victims of trafficking in human beings). A foreigner shall be refused the procedure for granting a temporary residence permit, provided that on the day of submitting the application for the permit he/she is staying in Poland on the basis of temporary protection. Meanwhile, a Ukrainian citizen who resides in Poland on the basis of Article 2(1) of the Special-purpose Act is considered to be a person enjoying temporary protection.

A person staying in Poland on the basis of Article 2(1) of the Special-purpose Act may apply for a temporary residence permit referred to in Article 38 of the this Act. This is a special measure designed to extend by 3 years the legal residence of Ukrainian citizens fleeing war. They can apply for such a special temporary residence permit no earlier than 9 months from the date of entry and no later than 18 months from 24 February 2022. An application submitted before the expiry of 9 months from the date of entry will not be considered by the Voivode.

Legal basis (14.04.2022):

1.Special-purpose Act, i.e. the Act of 12 March 2022 on Assistance to Citizens of Ukraine in connection with the Armed Conflict on the Territory of the State, Articles 2(6) and 38.

2. Act of 12 December 2013 on Foreigners, Article 99(1)(4).