The provisions of the Special-purpose Act (i.e. the Act on Assistance to Ukrainian Citizens in connection with the Armed Conflict on the Territory of Ukraine) take precedence over the provisions of the Act on Foreigners. However, when the temporary residence issues in question are not regulated by the Special-purpose Act, the Act on Foreigners applies.
Reference should be made here to Article 99(1)(4) of the Act on Foreigners, according to which a temporary residence permit shall be refused to a foreigner if the foreigner is under temporary protection. Persons covered by the so-called Special-purpose Act are granted temporary protection. Therefore, it follows from that provision that the authority will refuse to grant a temporary residence permit, e.g. on the grounds of economic activity.
Citizens of Ukraine enjoying temporary protection in Poland and conducting business activity may apply for temporary stay in Poland from April 1, 2023.
The application may be submitted to the voivode competent for the foreigner’s place of residence. Exceptionally, citizens of Ukraine applying for the above-mentioned temporary residence permit are exempt from the obligation to appear in person at the voivodship office if they previously provided fingerprints when obtaining a 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 citizen of Ukraine 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 citizen of Ukraine, there are circumstances justifying the refusal to grant him a temporary residence permit, in the period until March 4, 2024, a temporary residence permit is granted 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- years 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 March 4, 2024, 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.
Before April 1, 2023, it is necessary to verify on the website of the competent voivodeship office what documents are required from Ukrainian citizens covered by temporary protection and applying for a temporary residence permit (e.g. for the purpose of conducting business activity) and which documents are required in a given office mode and method of submitting applications.