Will refugees who returned to Ukraine some time ago but want to come to Poland again be covered by the protection granted earlier?

Update: 23.06.2023

Persons who entered Poland from the territory of Ukraine in the period from February 24, 2022 in connection with military operations in the territory of that country, were covered by temporary protection under the Special Act and did not apply for refugee status, may re-enter the territory of Ukraine at any time Poland from the territory of Ukraine under a special act, provided that it meets the conditions set out therein.

Departure of a citizen of Ukraine from the territory of Poland for a period exceeding 30 days deprives him/her of the entitlement referred to in Article 2, paragraph 1 of the special act (i.e., recognition of his/her stay in Poland for 18 months starting February 24, 2022 as legal).

Therefore, this provision sanctions only absences lasting more than 30 days, depriving them of the right to stay. At the same time, the very provision of Article 2 Section 1 does not provide for a “one-off” of this right.

If a citizen of Ukraine meets the following requirements jointly:

 – arrived legally on the territory of Poland in the period from February 24, 2022 to the date specified in the regulations issued on the basis of Article 2 Section 4,

– declares the intention to stay on the territory of Poland,

his/her stay in this territory shall be recognized as legal for the period until March 4, 2024.  18 months starting February 24, 2022.

From such a construction of the provision, it is impossible to conclude that the loss of entitlement resulting from Article 2 Section 1 was to result in the inability to obtain it in the future, if the above-mentioned conditions were met again. conditions – informs the undersecretary of state in the Ministry of Interior and Administration Bartosz Grodecki.

The above means that it is possible for a citizen of Ukraine to flee again from the territory of Ukraine to Poland and to be granted temporary protection again in Poland.