What is the possibility to work/establish a business (respectively on the basis of the commandant’s consent, visa-free regime, residence permit, refugee procedure)?

VISA-FREE MOVEMENT– Citizens of Ukraine (and some other countries, see the link) who are staying in Poland on the basis of visa-free movement (holders of valid biometric passports) in order to undertake legal work may register a statement on employment of a foreigner.

The employer registers the statement with the Labour Office.

The procedure is very fast (max 7 days).

More details: https://www.biznes.gov.pl/pl/opisy-procedur/-/proc/1610 

Registering this statement also significantly simplifies subsequent procedures for legalizing residence and work.

VISA– Persons who entered on the basis of a visa (with the exception of a tourist visa [01] and a visa granted for the purpose of obtaining temporary protection[20]) may legally work in the territory of the Republic of Poland after registering a declaration (as above) or obtaining a work permit. 

TEMPORARY RESIDENCE– Depending on the type of temporary residence permit held, the person may work in the territory of the Republic of Poland with or without a work permit. See below. FOREIGNERS EXEMPTED FROM THE OBLIGATION TO HAVE A WORKING PERMIT (the most common situations encountered in practice)

 – holders of the Pole’s Card (+exemption from consular fees for acceptance and examination of an application for a national visa)

– spouses of PL citizens (if they hold a temporary residence permit due to marriage); 

– full-time university or doctoral students at PL (the exemption does not apply to part-time students – extramural, evening, extension studies, etc.);

 – graduates of Polish secondary schools, full-time university studies or full-time doctoral studies in Polish universities, research institutes of the Polish Academy of Sciences or research institutes operating in accordance with the regulations on research institutes 

– persons having in the Republic of Poland: refugee status, subsidiary protection, permanent residence permit, long-term resident’s EU residence permit, humanitarian residence permit, permit for tolerated stay. 

REFUGEE PROCEDURE – As a rule, an applicant under the refugee procedure is not entitled to work. However, if the procedure lasts longer than 6 months, after this period the applicant may receive a certificate entitling him/her to work until a final decision in the case is issued. 

However, if you have applied for refugee status while holding (at the time of the application) a valid temporary residence and work permit, a registered statement on entrusting work to a foreigner, and a residence basis permitting you to perform work on this statement (see above), or you are authorized to perform work on another basis, e.g. a temporary residence and study permit, you may work legally for the period of validity of the basis from which your entitlement to work arises.

Special-purpose Act particularly governs the situation of Ukrainian citizens with regard to the legality of the provision of labour. Under the provisions of the Special-purpose Act, a citizen of Ukraine is authorised to work in the territory of the Republic of Poland during the period of stay in accordance with the applicable legislation, provided that:

1) his or her residence on the territory of the Republic of Poland shall be considered legal pursuant to Article 2(1) or

2) he or she is a citizen of Ukraine legally residing in the territory of the Republic of Poland

– if the entity entrusting the performance of work notifies, within 14 days from the date on which the Ukrainian citizen commences work, the District Labour Office, competent for the seat or place of residence of the entity, of the entrustment of work to that citizen.