On 1 July 2024, another amendment to the Act of 12 March 2022 on assistance to citizens of Ukraine in connection with the armed conflict in that country will come into force. It introduces a number of important changes concerning the legality of residence and employment of Ukrainian citizens in Poland.

Changes regarding stay

The most important change in the amendment is an extension until 30 September 2025 of:

• the period of legal residence in Poland of Ukrainian citizens under temporary protection (who arrived legally in Poland starting from 24 February 2022 and declared their intention to stay in Poland),
• the residence period of citizens of Ukraine, who were in Poland on 24 February 2022 on the basis of:
  • non-visa travel,
  • a Schengen visa (C),
  • a national visa (D),
  • residence documents issued by another Schengen state,
  • permits for temporary stay (residence card) in Poland,
• the ability to obtain permits for temporary stay to work, also in a highly qualified profession and for the purpose of conducting business - under a simplified procedure (without the need to appear in person at the office if fingerprints were taken when obtaining the UKR PESEL number).

The amendment additionally introduces new elements for legalisation of stay of Ukrainian citizens in Poland. It allows, inter alia.:

• transformation of temporary protection (UKR status) to a residence card – by Ukrainian citizens with UKR status on 4 March 2024 on the date of application for the card and continuously for 365 days prior to the application. To this end, an application for a residence card must be submitted, which, once issued, will imply the granting of a temporary residence permit (for a maximum of 3 years).

Underage children born in Poland will also be able to benefit from this possibility if they have the status of UKR on the date of application for a residence card and cards in this procedure have already been issued to their mothers.

Obtaining temporary residence under this procedure will allow free take-up of employment (without the need for further notification by the employer) and conduct of business in Poland.  

The Act does not set out a detailed procedure in this regard. It is to be specified in regulations implementing the Act.

• receipt of a temporary residence permit for the purpose of family reunification – by Ukrainian citizens with UKR status and who are family members of Ukrainian nationals working or conducting business in Poland and holding a temporary residence permit.
• receipt of a permit for temporary stay to render seasonal work – by citizens of Ukraine for a period of 6 months from the date of the decision on temporary residence.

The amendment also introduces new obligations such as:

• submission of an application for a PESEL number (confirming the special status of Ukrainian citizens in Poland – PESEL UKR) immediately upon arrival in Poland,
• the obligation to prove identity at any municipal authority on the basis of a valid travel document within 60 days from the date of issue of that travel document, if a PESEL number has been assigned without verification of the passport.    

Changes regarding employment

Also, of particular note are changes to notifications of assignment of work to Ukrainian nationals due to: 

• a shortening from 14 to 7 days of the deadline for the employer of a Ukrainian national to send a notification,
• the obligation to indicate in the notification at least the minimum wage or minimum hourly rate - from July 2024 these will be, respectively: PLN 4,300 gross per month for full-time work or PLN 28.10 gross per hour,
• introduction of an obligation for an employer to file a re-notification within 7 days of:
  • a change of the type of agreement,
  • a change of position or type of work,
  • a reduction in work time or number of hours weekly or monthly,
  • a reduction in monthly or hourly remuneration rate.

In addition, Ukrainian citizens will have to inform a hiring employer that they have obtained a decision granting a temporary residence permit. They have 7 days from delivery of such decision to do so. The employer, in turn, must submit a re-notification of employment of a Ukrainian citizen within 7 days of being informed of this permit by the Ukrainian citizen. By imposing an information obligation on Ukrainian citizens, employers will be able to fulfil their obligation and send a new notification to the district labour office.

Given that the amendment of the Act entails the extension of existing rights, as well as the shaping of new rights and obligations for Ukrainian nationals and entities by entrusting them with work in Poland, it is to be hoped that any implementing legislation will be enacted shortly after the amendment itself enters into force (i.e. after 1 July 2024).

We also invite you to follow our blog in which a practical guide to changes in regulations on the legalisation of work and residence of foreigners in Poland will soon appear.

Katarzyna Sawicka

Wojciech Górski