As a result of the publication on January 27, 2023 of the Act of January 13, 2023 amending the Act on assistance to Ukrainian citizens in connection with the armed conflict in the territory of this country and certain other acts, a new regulation was introduced regarding the possibility of submitting applications by persons covered by protection temporary stay in Poland of applications for a temporary residence permit in Poland.
Firstly, in accordance with the amendment, the voivode leaves applications for temporary residence submitted by Ukrainian citizens after 9 months of stay in Poland and before the date of entry into force of the amendment without examination. This means that although the special act has so far allowed Ukrainian citizens to apply for a temporary residence permit in Poland under a simplified procedure, all applications submitted to voivodes on this basis have not and will not have any legal effects.
Secondly, the amendment provides that Ukrainian citizens enjoying temporary protection in Poland will be able to apply for temporary residence in Poland, if the purpose of their stay in Poland is to perform work, perform work in a profession requiring high qualifications (Blue Card) or run a business. Submission of residence applications by such persons will be possible from 1 April 2023.
The application may be submitted to the voivode competent for the place of residence of the foreigner. Exceptionally, citizens of Ukraine applying for one of the above-mentioned temporary residence permits will be released from the obligation to appear in person at the voivodeship office, if they previously gave their fingerprints when obtaining PESEL UKR. However, if they have not done so, personal appearance at the voivodship office in order to provide fingerprints will be necessary, but exceptionally after issuing the residence decision (probably at the time of personal collection of the temporary residence card).
In the event that a Ukrainian citizen does not meet the requirements for granting a temporary residence permit due to the declared purpose of stay or the circumstances that are the basis for applying for this permit, do not justify his stay on the territory of the Republic of Poland for a period longer than 3 months, or in the case of a Ukrainian citizen Ukraine, there are circumstances justifying the refusal to grant him a temporary residence permit, in the period until August 24, 2023, he will be granted a temporary residence permit for a period of 1 year, counting from the date of issuing the decision. However, if a citizen of Ukraine proves that he meets the requirements for granting him a temporary residence permit (in order to perform work, to perform work in a profession requiring high qualifications or to conduct business activity), he may apply for a permit for a maximum, 3- summer period.
It is worth remembering that in the case of all Ukrainian citizens who apply or will apply (after April 1, 2023) for a temporary residence permit for the purpose of conducting business activity in the form of sole proprietorship, until August 24, 2023, the requirement to prove that in the tax year preceding the submission of the application for a temporary residence permit, a sufficiently high income was achieved in the course of business activity, or that an appropriate number of employees is employed, or that activities are carried out that will allow to achieve the required income in the future.
The conditions for granting a temporary residence permit due to various purposes of stay and the required documents can be found at: https://www.gov.pl/web/uw-mazowiecki/zezwolenia-na-pobyt2
Before April 1, 2023, it is necessary to verify on the website of the competent voivodship office what documents are required from Ukrainian citizens covered by temporary protection and applying for a temporary residence permit, and what mode and manner of submitting applications is provided in the given office.