Proposed amendments to the Special-purpose Act – May 2023
In mid-April, the Parlament adopted the Act on changing the names of state service higher education institutions supervised by the minister competent for internal affairs, on amending the Act on the Police, the Act on the Border Guard, the Act on the State Fire Service and certain other acts, which also introduces changes to the Ukrainian Special Act of March 12, 2022 on assistance to Ukrainian citizens in connection with the armed conflict on the territory of this state). The adopted act was submitted to the Senate. On May 11, the Senate adopted the bill without amendments.
Below are the most important changes regarding citizens of Ukraine:
1. Stay in Poland recognized as legal until March 4, 2024.
The legal stay of Ukrainian citizens who legally came to Poland from February 24, 2022 in connection with the military operations in Ukraine is extended until March 4, 2024. This also applies to Ukrainian citizens holding the Pole’s Card and their family members
[Article 12 point 1 letter A amendment; article 2 section 1 and 2 of the amended Act]
2. Stay of learners in Poland recognized as legal until August 31 or September 30, 2024.
Until August 31, 2024, the right of residence in Poland is extended for those citizens of Ukraine who legally came to Poland from February 24, 2022 in connection with military operations in Ukraine, who:
∙ on March 4, 2024, they participate in pre-school education, fulfill the school obligation or fulfill the obligation to study in the Polish education system (in accordance with the Education Law);
∙ on March 4, 2024, they receive education in a kindergarten or school functioning in the Ukrainian education system using distance learning methods and techniques;
∙ not later than in the 2022/2023 school year, they started their education in a second-level vocational school, a post-secondary school or a school for adults;
This extension also applies to parents or guardians of these persons if they are minors.
Until September 30, 2024, the stay of Ukrainian citizens taking the Polish matura exam on the make-up date is extended.
[Article 12 point 1 letter b amendment; added section 10 and 11 of the amended Act]
3. Extension of the validity of visas, temporary residence permits, the deadline for leaving Poland, the deadline for voluntary return, residence cards and other documents until March 4, 2024
Until March 4, 2024, the period of stay of a Ukrainian citizen in Poland on the basis of a national visa and the period of validity of this visa are extended by law, provided that the last day of stay in Poland on the basis of a visa fell in the period from February 24, 2022. extension of the period of stay and the period of validity does not entitle to cross the border.
In a situation where the last day of the permissible period of stay of a Ukrainian citizen on the territory of the Republic of Poland falls in the period from February 24, 2022, the stay in Poland is considered legal until March 4, 2024, if the Ukrainian citizen stays in Poland:
∙ on the basis of a Schengen visa issued by a Polish authority or another country of the Schengen area
∙ on the basis of a residence permit issued by another Schengen state,
∙ as part of visa-free travel
If the last day of the period of validity of a temporary residence permit granted to a citizen of Ukraine falls in the period from February 24, 2022, the period of validity of this permit is extended by law until March 4, 2024.
In the event of expiry of validity in the period from February 24, 2022, residence cards, Polish identity documents of a foreigner, documents “permit for tolerated stay” issued to citizens of Ukraine, their validity is extended until March 4, 2024.
The extension to March 4, 2024 also applies to the deadlines for a Ukrainian citizen to leave the territory of Poland (Article 299(6) of the Act on Foreigners, hereinafter AC) and the dates for voluntary return (Article 315(1) of the AC), which fell on period from February 24, 2022.
4. Special arrangements for legalizing the stay of Ukrainian citizens extended until March 4, 2024.
Until March 4, 2024, a temporary residence permit is granted to citizens of Ukraine who do not meet the statutory requirements for granting a permit, unless:
∙ the foreigner’s data are in the Schengen Information System for the purpose of refusing entry and stay,
∙ it is required for reasons of state defense or security or the protection of public safety and order,
∙ in the course of the proceedings, the foreigner submitted an application containing untrue personal data or false information or attached documents containing such data to it or testified untruthfully or concealed the truth or forged or altered the document in order to use it as authentic,
The permit referred to above is granted for a period of 1 year from the date of issuing the decision.
[Article. 12 points 5 amendmends; article 42a section 1 of the amended Act]
In addition, until March 4, 2024, the so-called profitability, profitability of business activity (the conditions of Article 142(1)(3) of the Act on Foreigners do not apply) in relation to Ukrainian citizens conducting business activity on the basis of an entry in CEIDG, who apply for a temporary residence permit in order to conduct business activity.
[Article 12 points 5 amendmed; article 42 in sections 3a, 5a, 6, 7, 8, 11 and 12a of the amended Act]
5. Withdrawal from the initiation or discontinuation of the proceedings on the obligation of a citizen of Ukraine to return by March 4, 2024.
In the period until March 4, 2024, in certain cases (specified in Article 302(1)(1-8) and (10-16) of the Act on foreigners), proceedings on obliging a foreigner to return to a citizen of Ukraine may not be initiated, and discontinue the initiated proceedings in this case, if this is justified by the important interest of that citizen.
[art. 12 points 5 amendments; article 42b of the amended Act]
6. Time limits in residence cases suspended until March 4, 2024.
In the period until March 4, 2024, the deadlines for dealing with matters relating to:
1) providing the foreigner with:
a) temporary residence permits,
b) permanent residence permits,
c) long-term resident’s European Union residence permit
2) changes:
a) temporary residence and work permits,
b) temporary residence permit in order to perform work in a profession requiring high qualifications,
3) withdrawing from a foreigner:
a) temporary residence permits,
b) permanent residence permits,
c) long-term resident’s European Union residence permit
– in proceedings conducted by the voivode, it does not start, and the started one is suspended for this period.
[Article 12 points 5 amendments; article 100d section 1 of the amended Act]
The changes now await the President’s signature.