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.
However, a Ukrainian who is covered by the Special-purpose Act may apply for a temporary residence permit. If all the conditions specified in Article 38(1) are met and there are no contraindications under Paragraph 4 of this provision, the authority is obliged (must) grant the permit. The administrative authorities, therefore, do not have to investigate whether the foreigner has a guaranteed place of residence, sufficient financial means, or medical insurance in Poland. A Ukrainian citizen who has been granted a temporary residence permit will be authorised to work in the territory of Poland without the necessity to have a work permit.
As regards the conduct of business, this authorisation derives from Article 23 of the Special-purpose Act: Citizens of Ukraine whose stay in the territory of Poland shall be deemed legal on the basis of this Act may undertake and carry out economic activity in the territory of the Republic of Poland according to the same rules as Polish citizens, provided they have a PESEL number.
To summarise, an entrepreneur may apply for temporary residency, but not for business reasons. However, he/she has the right to operate it under the provisions of the Special-purpose Act.