Immigration
Poland | Planned extension of the temporary protection in Poland | Further changes for Ukrainians—draft amendment to the Special Act in the second quarter of 2024
Summary
Draft amendment of the Act on assistance to citizens of Ukraine in connection with the armed conflict on the territory of this country (hereinafter: Special Act) was passed by the council of Ministers in Poland. The law must still be approved by the Parliament and signed by the President. The proposed act provides for favorable changes for Ukrainian citizens regarding their stay in Poland. Legal stay and benefits are planned to be extended until 30 September, 2025.
The detail
The Special Act which is in force as of 12 March 2022 provides for many solutions legalizing the work and stay of Ukrainian citizens on the territory of Poland. The current law allows the Ukrainian nationals to stay in Poland until 30 June 2024 (with some exceptions). The draft amendment proposes inter alia:
⎯ Extension of legal stay of Ukrainian nationals until 30 September 2025.
⎯ Extension of the right to remain in the country by Ukrainian citizens who arrived in Poland before the war started.
⎯ Possibility to apply for a temporary residence permit for family reunification for family members of Ukrainian citizens with temporary protection (UKR) status. So far, only Ukrainians covered by the temporary protection in Poland performing work or running their own business activity could apply for a temporary residence permit.
⎯ Shortened deadline for legalizing work in Poland of a Ukrainian employee – the employer should notify the Labor Office on employing a citizen of Ukraine within 7 days from the employment start date (as opposed to 14 days). The proposed provisions also specify specific instances where it is required to resubmit the notification to the Labor Office on employing a citizen of Ukraine.
⎯ New obligations imposed on the Ukrainian employees – e.g., to inform the employer about obtaining a Single Permit within 7 days of its receipt to allow the employer to notify the Labor Office on employing a citizen of Ukraine within the statutory deadline.
⎯ Additional simplifications for running a business in Poland by Ukrainian nationals.
The draft law also announces several other changes regarding temporary protection (the so-called obtaining a PESEL UKR). It is planned, among others:
⎯ Introducing the obligation to obtain a PESEL number immediately after arriving in Poland (as opposed to 30 days after arrival to Poland).
⎯ Obligation to confirm the identity by the Ukrainian citizen only with a valid travel document. A valid passport is also required to file for a residence permit in Poland.
⎯ Changes in the rules for personal appearance and taking fingerprints of minors:
⎯ Repeal of the ability to confirm identity through “mObywatel” application which may result in cancellation of diia.pl, application allowing traveling outside Poland.
The Ministry of Interior Affairs and Administration also announced:
⎯ Introduction compulsory schooling for children of Ukrainian citizens from September 1, 2024 and linking access to social benefits to the fulfillment of this obligation.
⎯ Introduction of a simplified/accelerated path for applying (via electronic system) for a residence permit for temporary protection (UKR PESEL status) holders. Certain conditions must be met, e.g. uninterrupted holding of UKR status for at least 365 days.
⎯ Obligation to notify the authorities of address change within 15 business days by Ukrainian nationals holding residence permits issued in the simplified procedure.
What it means
Citizens of Ukraine residing in Poland under the Special Act will have their legal stay extended by law until 30 September 2025. It gives a sense of security and flexibility in filing for residence permit in Poland, especially by family members covered by UKR status who will finally be able to apply for family reunification. Increased office occupancy due to the number of applicants is expected due to this amendment.
A particularly important change from the employer’s perspective is that the time for notification of employment of a Ukrainian citizen to the Labor Office is to be reduced to 7 days only. Employers should implement the appropriate procedures to legalize Ukrainian employees in due time. Also, careful verification of the necessity to resubmit the notification in case of any changes to the employment conditions is required. Not meeting the deadline may result in a need to terminate the employment contract.
Employers aiming to help their employees obtain residence permits should review their situation (e.g. confirm temporary protection status in Poland) and ensure that they are ready to submit applications in advance.
How we can help
As Vialto Partners Poland, we provide comprehensive assistance in the processes of obtaining documents legalizing work and residence of foreigners, providing immigration compliance from the perspective of both the employer and the foreigner. Contact us is you need immigration and labor law consulting.
Contact us
For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:
Jadwiga Chorązka
Partner
Emilia Piechota
Immigration Director
Further information on Vialto Partners can be found here: www.vialtopartners.com
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