Consequences of leaving poland for more than 1 month – UKR status
1 year ago
3 minutes
Update: 24.08.2023
Loss of UKR PESEL status when leaving Poland:
A foreigner granted temporary protection in Poland under the Act on Assistance to Citizens of Ukraine is deprived of his/her entitlements under the UKR PESEL if he/she leaves Poland for a period exceeding 30 days.
Only a person who once left the territory of Poland for a period exceeding 1 month will lose the right of residence contained in Article 2 Section 1 of the Special Act (the right to stay in Poland until March 4th, 2024). In a situation where the sum of stays outside the territory of Poland exceeds 1 month, but none of them will be longer than 1 month at a time, there will be no loss of the rights referred to in Article 2 Sectrion 1 of the Special Act.
The loss of entitlements in the event of leaving the territory of the Republic of Poland does not apply to persons directed to perform work or services outside the territory of the Republic of Poland by entities operating in the territory of the Republic of Poland.
In order to inform the commune office about such a trip, an appropriate statement must be submitted on an official form (template form).
In the case of staying outside Poland, this can be done through a proxy.
Submission of this declaration will result in the deprivation of the rights granted in Poland.
Departure from Poland to another Schengen country
In the case of a departure from Poland to another Schengen country, it may happen that the Polish authorities are not aware that the foreigner is staying for a given period of time outside Poland, due to the lack of border control.
If such a foreigner, after leaving Poland, wishes to benefit from temporary protection in another EU country, he/she should therefore himself/herself ensure that the information about his/her departure reaches the Polish authorities. To this end, he/she should submit a declaration that he/she has left Poland for a period of more than 30 days.
If a foreigner decides to return to Poland and would like to use the UKR PESEL again, this is possible, but only as a result of arriving on the territory of Poland from the territory of Ukraine in connection with military operations conducted on the territory of that country.
Recovery of UKR PESEL status should happen automatically, or it is possible to reapply for UKR PESEL by contacting the relevant authority.
Departure from Poland to a country outside the Schengen area
If a foreigner has left Poland for more than 30 days because he or she has gone to Ukraine or to another country outside the Schengen area, he or she automatically loses the UKR PESEL.
If a foreigner decides to return to Poland and would like to use the UKR PESEL again, this is possible, but only as a result of arriving on the territory of Poland from the territory of Ukraine in connection with military operations conducted on the territory of that country.
The foreigner must therefore enter Poland from Ukraine (not necessarily directly), stating at the border the reason for arrival as war-related.
Retrieval of UKR PESEL status should be automatic, or a re-application for UKR PESEL can be made by contacting the relevant office.
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