Who can apply for temporary residence (under the Special-purpose Act) in Poland from 1.04.23 and under what conditions?

Update: 23.06.2023

As a result of the publication, on January 27, 2023, of the Act of January 13, 2023 amending the ct on Assistance to Citizens of Ukraine in Connection with the Armed Conflict on the Territory of Ukraine and certain other laws, a new regulation has come into effect regarding the possibility for persons under temporary protection in Poland to apply for a temporary residence permit in Poland.

According to the current wording of the legislation, citizens of Ukraine enjoying temporary protection in Poland (i.e., in principle, persons with UKR PESEL) may apply for temporary residence in Poland only if the purpose of their stay in Poland will be:

– performance of work,

– performing work in a highly qualified profession (Blue Card), or

– conducting business activities.

The submission of residence applications by such persons is possible starting April 1, 2023.

The application can be submitted to the provincial governor with jurisdiction over the foreigner’s place of residence. Exceptionally, citizens of Ukraine applying for one of the aforementioned temporary residence permits will be exempt from the obligation to report personally to the provincial office if they have previously submitted fingerprints when obtaining a PESEL UKR. However, if they have not done so, personal appearance at the provincial office to have one’s fingerprint impressions taken will be necessary; in exceptional cases, however, reporting at the provincial office will be possible already after the issuance of the residence decision (most likely, at the time of collecting the temporary residence card in person).

Until March 4, 2024, temporary residence permits are granted to citizens of Ukraine who do not meet the statutory requirements for granting a permit, unless:

– the foreigner’s data is in the Schengen Information System for the purpose of refusing entry and stay,

– it is required for reasons of defense or state security or protection of public security and order,

– in the course of the proceedings, the foreigner has submitted an application containing false personal data or false information, or has enclosed documents containing such data, or has testified untruthfully or has concealed the truth, or has forged or counterfeited a document for the purpose of using it as authentic.

The permit referred to above shall be granted for a period of 1 (one) year starting from the date of the decision.

However, if a citizen of Ukraine demonstrates that he or she meets all the requirements for the granting of a temporary residence permit provided for the purpose of stay (for the purpose of work, for the purpose of work in a skilled occupation, or for the purpose of conducting business activities), he or she may, as of April 1, 2023, apply for a permit for the maximum 3-year period.

Please be reminded that for all citizens of Ukraine who apply or will apply for a temporary residence permit for the purpose of carrying out business activities in the form of a sole proprietorship, until March 4, 2024, the requirement to demonstrate that the business activity has generated sufficiently high income in the fiscal year preceding the application for a temporary residence permit, or that an adequate number of employees are employed, or that activities are carried out that will generate the required income in the future, does not apply. This is a significant convenience stipulated for newly established companies, enabling Ukrainian citizens a chance to obtain a residence card even if the companies they have established have not yet generated sufficient income and are just developing.

Unfortunately, at the moment, the special act does not provide for the possibility of applying for a temporary residence permit, even after April 1, 2023, for children under temporary protection in Poland, even if they are children of persons who, as of April 1, 2023, are eligible to apply for temporary residence.

The prerequisites for granting a temporary residence permit for different purposes of stay and the required documents can be found at: https://migrant.wsc.mazowieckie.pl/pl/pliki-do-pobrania/314

We recommend that, prior to April 1, 2023, you verify via the website of the relevant provincial office what documents are required for Ukrainian citizens under temporary protection who apply for a temporary residence permit, and what mode and method of application is stipulated in the relevant office, as it may vary from one province to another.

Until March 4, 2024, the period of stay of a citizen of Ukraine in Poland on the basis of a national visa and the period of validity of said visa shall be extended by law, provided that the last day of his or her stay in Poland on the basis of the visa fell within the period from February 24, 2022. A national visa during the period of extension of the period of stay and the period of validity does not authorize one to cross the border.