Ukrainian citizens who came to Poland in connection with hostilities on the territory of Ukraine are subject to the provisions of the so-called of the Ukrainian Special Act (Act of March 12, 2022 on assistance to Ukrainian citizens in connection with an armed conflict in the territory of that state (Journal of Laws of 2022, item 583)). Pursuant to this act, they may legally reside in Poland for a period of 18 months from February 24, 2022. According to the Code of Administrative Procedure, the said period of 18 months will end on August 24, 2023. Until the end of this period, persons holding a diia document do not have to do anything. to do – they are staying in Poland legally. The act also provides that they may submit an application for a temporary residence permit, granted once for a period of 3 years. An application for a temporary residence permit may be submitted only after 9 months from the date of entry, but not later than within 18 months from February 24, 2022.
ATTENTION! Currently, the Sejm is proceeding with an act changing these provisions of the Special Act, which plans to repeal the provision on submitting an application for temporary residence! In all likelihood, such a solution will be passed, which means that Ukrainian citizens covered by the Special Act, who entered Poland from February 24, 2022, will continue to stay legally on the basis of the diia electronic document.
In the case of persons who entered / stayed in Poland before February 24 (or came after this date, but NOT IN RELATION to the war, but for other reasons) – they are not covered by the special act, so they can apply for a temporary residence permit at any time.
It is an option, not an obligation, because we currently have two laws in which the government has extended the legality of the stay and work of foreigners in Poland and which will apply to the above-mentioned persons. One is the “covid act” (the Act of March 2, 2020 on special solutions related to the prevention, prevention and combating of COVID-19, other infectious diseases and crisis situations caused by them (consolidated text, Journal of Laws of 2021, item 2095,)), which in principle extended the legality of the foreigner’s stay in Poland until the 30th day following the date of recalling the last in force from the states. The second, already mentioned, Ukrainian special act, which by operation of law extended the periods of legal stay of Ukrainian citizens in Poland until December 31, 2022.
In the case of these people, their type of stay depends on the individual legal basis they had previously, so some of them will probably have to submit an application for temporary residence in the normal course (no later than on the last day of legal stay in Poland).