How to legalise the stay of children under temporary protection after 24.08.23?

Update: 24.08.2023

Children who are under temporary protection in Poland, even if they are children of persons authorised as of April 1, 2023, to apply for temporary residence in Poland, cannot obtain a temporary residence card in Poland (as the law currently stands). These children are guaranteed legal residence on the territory of the Republic of Poland until 4.03.2024. 

The inability of children to apply for temporary residency (e.g. to stay with a parent) is due to the general principle expressed in the Act on Foreigners, according to which persons under temporary protection shall be refused to initiate proceedings for a temporary residency permit. The Special-purpose Act on Assistance to Citizens of Ukraine introduces an exception to this rule, but only for those who work, are engaged in a skilled occupation, and are self-employed in Poland.

In theory, it would be possible to apply for temporary residence in Poland if the child loses temporary protection.

It seems that, in the coming months, the Polish legislator will have to regulate the issue of residence of children of people who are under temporary protection and will apply for temporary residence in Poland starting April 1, 2023. Such solutions are keenly anticipated. 

At this point, however, it must be assumed that the stay of children under temporary protection in Poland is, in principle, legal until March 4, 2024. It should be pointed out, however, 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:  

– on March 4, 2024 are receiving pre-school education, realizing compulsory education or realizing compulsory education in the Polish educational system (in accordance with the Education Act);

– on March 4, 2024, are receiving education in a kindergarten or school operating in the Ukrainian educational system using distance learning methods and techniques;

– not later than in the 2022/2023 school year, they started studying at an industry secondary school, post-secondary school or school for adults;

This extension also applies to the parents or guardians of such persons if they are minors.

Until September 30, 2024, the stay of Ukrainian citizens taking the Polish baccalaureate exam on a revision date is extended.