Pursuant to the special act, if the last day of the admissible period of stay of a Ukrainian citizen in Poland under the visa-free regime falls within the period from February 24, 2022, and the stay began before that date, his stay in the territory of the Republic of Poland is considered legal for a period of 18 months. Therefore, in the discussed case, stay in the territory of the Republic of Poland will be legal until August 24, 2023.
These provisions are the basis for recognizing the foreigner’s stay as legal in Poland despite the expiry of the 90-day visa-free period, and not for re-entry into the territory of the Republic of Poland during this period. Currently, however, all Ukrainian citizens who want to cross the Polish border are admitted to Poland.
Please note that after re-entering Poland, the basis for the foreigner’s stay will change, as it will no longer be a visa-free stay commenced before February 24, 2022.
The basis for the legality of stay upon re-entry into the territory of Poland will depend, inter alia, on whether the citizen of Ukraine will still be entitled to the permitted days of stay under the visa-free regime or the entry will be based on the consent of the commander of the border guard post, but in principle the foreigner should be allowed to enter the territory of Poland from Ukraine and be covered by the rights resulting from special acts, including the recognition of his stay in Poland as legal.