Pursuant to Article 12 of the Regulation of the European Parliament and of the Council (EU) 2016/399 of March 9, 2016. on the EU code of rules governing the movement of persons across borders (Schengen Borders Code), in the absence of an entry / exit stamp in the passport, the competent national authorities may presume that the passport holder does not meet or no longer meets the conditions for the duration of stay in force in a given Member State.
This presumption may be rebutted if reliable evidence is presented that it meets the conditions relating to the duration of a short-term stay.
The countries of the Schengen area, in the case of checking the legality of the stay of a Ukrainian citizen, e.g. when leaving the area, are obliged to take into account the evidence presented by the controlled person other than the entry stamp in the passport, which will confirm the date of entry into the Schengen area.
These can be, for example, travel documents.
The authorities of other Schengen countries are also required to submit an official inquiry on this matter to the Border Board of the General Headquarters of Border Guard in Poland, which should confirm the date of entry of a Ukrainian citizen to Poland.
According to the information provided by the Border Guard, currently the date of entry of a Ukrainian citizen to Poland is confirmed only during the procedure of assigning a PESEL number at the commune office.
In the case of staying in Poland, the date of entry into the territory of the Republic of Poland, if it was after February 24, 2022, can be confirmed in the procedure of obtaining a PESEL number with the annotation UKR. In the absence of a stamp in the passport of a Ukrainian citizen, which would confirm the date of crossing the Polish border, the foreigner submits a written statement as part of the application for PESEL UKR as to the date when he entered Poland, under pain of criminal liability for making false statements.