NAVIGATION
General rules
Polish immigration law establishes the rules under which third-country nationals may reside in Poland, particularly if their stay exceeds three months. One way to legalize their stay is to obtain a temporary residence permit, and the purpose of the stay determines the basis for issuing such a permit. This may include work, study, business activity, etc. A temporary residence permit is valid for a maximum of three years, and a residence card allows for multiple border crossings. Foreigners applying for residence must demonstrate:
- having health insurance,
- sufficient income to cover living costs,
- place of residence in Poland.
Residence under the special act: temporary protection for citizens of Ukraine - conditions and processes
Temporary protection for Ukrainian citizens, introduced by the Special Act, is available to people who came to Poland legally after February 24, 2022 due to war operations. It assumes the possibility of legal residence in Poland until September 30, 2025. Protection is also provided to family members, as well as Ukrainian citizens with the Pole's Card who meet the above conditions.
Exclusions from temporary protection
Temporary protection is not provided to citizens of Ukraine if they have:
- permanent, temporary or long-term EU resident permit,
refugee status or subsidiary protection, - consent for tolerated stay or for humanitarian reasons.
It is also not awarded to people who:
- have submitted or intend to submit an application for international protection in Poland,
- are enjoying temporary protection in another EU country due to war operations in Ukraine.
PESEL number and UKR status
Persons under temporary protection may apply for a PESEL number, which grants them UKR status and allows them to move freely within the Schengen area, using the Diia.pl electronic identity document. The application must be submitted in person at any municipal office, and the exception to personal appearance applies only to children under 6 years of age. The document confirming identity is a valid passport, and if the PESEL number was previously issued on the basis of another document, it is necessary to re-appear with a valid travel document within 60 days of its date of issue.
Expiration of temporary protection
Temporary protection may expire in situations such as:
- obtaining the right to legal residence in Poland (e.g. permanent residence permit,
temporary or long-term EU resident status), - leaving Poland for a period exceeding 30 days, which results in the loss of legality
stay under the Special Act, - benefiting from temporary protection granted by another EU country.
Loss of temporary protection means that the UKR status is automatically changed to NUE (non-EU) status. However, it is possible to restore it if the person confirms that the trip lasted less than 30 days or meets other conditions necessary to maintain protection.
Re-granting of UKR status
Ukrainian citizens who lost their UKR status and re-entered Poland from Ukraine due to wartime operations may have their UKR status re-granted. In the case of re-entry through the external border of the Schengen Area, this occurs automatically after the Border Guard has provided the relevant information. However, upon returning to Poland, it is advisable to visit the nearest municipal office to verify whether the status has been successfully restored.
Extension of the validity of residence permits for Ukrainian citizens in Poland under a special act
Under the Special Act, residence permits of Ukrainian citizens that expire after February 24, 2022, are extended until September 30, 2025. This applies to, among others, national visas, residence permits (residence cards), Polish foreigner's identity documents and tolerated stay permits. Schengen visas, documents issued by other Schengen countries and stays under visa-free travel are also subject to extension.
Additionally, the Special Act extends until 30 September 2025 the deadlines for:
- obligations to leave the territory of Poland,
- voluntary departure.
However, extending the validity of these residence permits, including national visas and residence cards, does not grant the right to re-cross the border on their basis. The stay of Ukrainian citizens based on these documents is legalized only in Poland.
Possibility of applying for a residence permit by Ukrainian citizens
Citizens of Ukraine who are staying in Poland on the basis of temporary protection and have UKR status currently have the opportunity to apply for selected types of residence permits. They can apply for:
- Temporary residence and work permit – enabling legal employment in Poland.
- Temporary residence permit for the purpose of performing work in a profession requiring high qualifications (Blue Card) – addressed to specialists in specific industries.
- Temporary residence permit for the purpose of conducting business activity – for those who want to start their own business.
Additionally, a Ukrainian citizen may obtain a CUKR residence card based on UKR status, provided that the following conditions are met:
- On 4 March 2024, must have had UKR status.
- On the day of submitting the application, the applicant must also have UKR status.
- Must have had UKR status continuously for at least 365 days.
An application for a CUKR residence card should be submitted exclusively electronically, via the IT system operated by the Head of the Office for Foreigners. The residence card is valid for three years from the date of issue. Upon receipt of the residence card, the rights resulting from temporary protection (UKR status) automatically become a temporary residence permit, which is valid until the end of the card's validity period. If the card is not collected within 3 days of being notified of its availability, the document is invalidated. By obtaining a CUKR temporary residence permit, a Ukrainian citizen is exempt from the obligation to obtain a work permit. Employers are also not obliged to inform labor offices about the employment of such an employee. These individuals can also
conduct business in Poland on equal terms with Polish citizens. Ukrainian citizens benefiting from temporary protection will be able to apply for a residence card (CUKR) from 2025. The regulations governing this process will come into effect with the launch of a dedicated online service, significantly simplifying immigration procedures.