Ukrainian citizens, who have enjoyed temporary protection in another EU State, but that protection has, for some reason ended, may apply for UKR status. Ukrainian citizens who are enjoying temporary protection in another EU State may also apply for a temporary residence permit in Poland. This is in accordance with an interpretation we obtained from the Head of the Office for Foreigners.
Doubts on this issue had arisen from a recent amendment to the Ukrainian Special Act (namely the Act on Assistance to Ukrainian Citizens in Connection with the Armed Conflict on the Territory of that Country, dated 12 March 2022).
Under Article 2 par. 3 of this Act, the provisions on recognising the stay of Ukrainian citizens in Poland as legal in the period up to 24 August 2023 do not apply to, among others, persons who enjoy temporary protection in the territory of another European Union State. But what if such a person loses protection in the EU State? Can that person apply for a temporary residence permit in Poland or obtain UKR status?
The interpretation we obtained from the Head of the Office for Foreigners shows that the answer to both questions is affirmative. The interpretation confirms, among others, that:
- If the internal regulations of the State that has granting temporary protection envisage the termination of the temporary protection as a result of specific events (e.g. its renunciation by the foreigner) and such events have occurred, no negative premise arises for exercising the rights provided under the Ukrainian Special Act, namely nothing prevents applying for UKR status,
- The enjoyment of temporary protection on the territory of another EU State does not constitute a premise for refusing to initiate proceedings for granting a temporary residence permit in Poland.