According to the information provided to us, the Border Guard refuses to re-enter the territory of the Republic of Poland to certain Ukrainian citizens who entered Poland from February 24, 2022, were subject to temporary protection, and then left the territory of our country. The refusals of the Border Guard concerned persons who had exceeded the 90-day period of stay in the Schengen area, i.e. those who use biometric passports and benefit from visa-free travel. According to the previous interpretation of the Border Guard, exceeding the 90-day period meant that citizens of Ukraine lost the right to enter Poland without additional documents authorizing them to enter.
We issued a position on this matter in which we strongly oppose the described interpretation and appeal for the admission to Poland of every person who escapes from Ukraine before the war. Our position was shared in recent days by the Ministry of the Interior and Administration. In the response of the Ministry to Hanna Gill-Piątek, MP, we read:
Ukrainian citizens who have declared evacuation from Ukraine at any time may, in the period of 18 months from February 24 this year. leave Poland freely and each entry during this time will be legal, regardless of other rights, including those resulting from visa-free travel or the visa.
Also, people who left Poland for more than 1 month should – according to the Ministry of Interior and Administration – be allowed back to Poland, if they enter our territory in connection with the war in Ukraine.