The bill on the expiry of the provisions of the Ukrainian Special Act goes to the Senate – what does the bill propose?
The Sejm (lower house of parliament) has fast-tracked the government's bill on the expiry of provisions under the Act on assistance to Ukrainian citizens in connection with the war and on amendments to certain other acts. Its third version, which should go to the Senate this week, partially takes account of the demands of employers, rectifying the most controversial original provisions, although not all of them.
The most important changes in the bill:
- Legal residence for beneficiaries of temporary protection – until 4 March 2027.
With regard to the duration of temporary protection for Ukrainian citizens, the new act refers to the relevant decision of the EU’s Council confirming the existence of a mass influx of displaced persons. According to its current wording, this protection (including, among other things, the right to legal residence) is valid until 4 March 2027. The direct reference to EU regulations eliminates the previous dualism of protection periods (EU and national) and means that the Polish authorities will not have to set a new period each time.
- Work on notification to the district employment office still possible, but with restrictions
The legislator leaves open the possibility of employing only beneficiaries of temporary protection on the basis of notifications to the district employment office (PUP). Moreover, under the new regulations, in the absence of notification, their employment will not be illegal – a fine is envisaged. For other Ukrainian citizens legally residing in Poland, employment based on a notification will only be possible during a three-year transition period (which is in line with employers' demands, as the original plan was to completely exclude this group of people from the notification mechanism).
- Absolute loss of temporary protection after leaving Poland for more than 30 days
The new regulations abolish the existing rule whereby Ukrainian citizens did not lose their protection status if they left Poland for more than 30 days in connection with a posting by a Polish employer. After the changes, protection status will be lost unconditionally for any departure exceeding this period, regardless of the reason.
- 30-day deadline for submitting an application for a PESEL UKR number and loss of protection if this deadline is exceeded
For new displaced persons from Ukraine, there are plans to restore the 30-day deadline for obtaining a PESEL number with UKR status (earlier versions of the draft provided for a 14-day deadline). Currently, the regulations require this formality to be completed immediately upon arrival in Poland, although previously a 30-day limit was in force. Importantly, under the new regulations, temporary protection expires if a Ukrainian citizen fails to meet the new deadline. This solution is highly controversial in the context of EU regulations.
- Mandatory update of temporary protection beneficiaries' data
Persons who have been granted temporary protection and a PESEL UKR number based on a declaration will be required to confirm their identity at any municipal office using a valid travel document by 31 August 2026 at the latest. Failure to comply with this obligation will result in the loss of temporary protection.
- Extension of stay for Ukrainian citizens without temporary protection
Ukrainian citizens not covered by temporary protection whose residence documents (temporary residence permit, national visa (D) or Schengen visa (C) or residence document issued by another Schengen country) expired after 24 February 2022 during their stay in Poland (in the case of a temporary residence permit – also during their stay outside Poland), or whose permissible period of stay under visa-free travel expired after that date, will benefit from an extension of their stay in Poland until 4 March 2027.
- Restrictions on the right to carry on business activity
Beneficiaries of temporary protection will still be able to run existing businesses and set up new ones on the same terms as Polish citizens. Other Ukrainian citizens who do not benefit from temporary protection will be able to continue their existing businesses. However, starting a new business after 4 March 2026 will only be possible under the general rules applicable to all foreign citizens. In practice, this means that in most cases it will become impossible for these persons to become sole traders.
- Extension of the suspension of deadlines in residence matters
Despite opposition from the President, employers and Ukrainian citizens, the legislator decided to extend the suspension of deadlines in residence matters again, until 4 March 2027. This applies not only to Ukrainian citizens, but to all foreign citizens legalising their stay in Poland. On the other hand, the new regulations abolish the suspension of deadlines in cases related to obtaining international protection, which was introduced in the previous amendment to the Ukrainian Special Act.
The planned date of entry into force of the new act is 5 March 2026 (with some exceptions). Due to the short time remaining until this date, it is likely that the act will also quickly proceed through the Senate and be forwarded immediately to the President for signature.