Thanks to the provisions of the Act on Assistance to Ukrainian Citizens in Connection with the Armed Conflict in that Country (commonly referred to as the “Special Act”), Ukrainian citizens who arrived in Poland after February 24, 2022, with the intention of staying in our country, have legal residence guaranteed by law until March 4, 2023. However, there are still doubts about how long Ukrainian citizens who were already in Poland before the outbreak of the war and had their residence or even work legalized at that time can stay in Poland. Does the special law also apply to them?
Uncertainties Regarding the Scope of the Special Law
Ambiguities in determining who specifically is covered by the Special Act and its benefits are primarily raised by employers, who are obliged to verify the legal residence of foreigners in Poland before assigning them work. These doubts are justified, considering the wording of the first sentences of the Special Act. In Article 1, paragraph 1, we can read that the law “specifies special rules for legalizing the stay of Ukrainian citizens who arrived in the territory of the Republic of Poland from the territory of Ukraine in connection with the military actions conducted on the territory of that state, as well as Ukrainian citizens holding the Polish Card, who, due to these military actions, arrived with their immediate family in the territory of the Republic of Poland.”
Broad Scope of Application of the Special Act
However, this information is not exhaustive and is developed in further provisions. In Article 1, paragraph 3, of the Special Act, we can find information that it also specifies “some rights of Ukrainian citizens whose stay in the territory of the Republic of Poland is considered legal” and “special rules for extending the periods of legal stay of Ukrainian citizens and documents issued to them by Polish authorities regarding rights related to entry and stay in the territory of the Republic of Poland.” The literal wording of these expressions does not depend on the purpose or time of entry into Poland but applies to Ukrainian citizens in general. This suggests that the actual scope of the specific regulations of the special law goes beyond the regulations concerning individuals who came to Poland after February 24, 2022.
Legal Residence of Ukrainian Citizens Who Arrived in Poland After February 24, 2022
The most frequently cited provision of the Special Act is Article 2, paragraph 1, according to which, if a Ukrainian citizen arrived in Poland after February 24, 2022, in connection with the military actions in Ukraine and with the intention to stay here, their stay is automatically legal until March 4, 2024. The problem is that the wording of this provision limits its application to those who arrived after the outbreak of war. So, what about people who were already here?
Legal Residence of Ukrainian Citizens Who Were in Poland Before February 24, 2022
The stay in Poland of individuals who were already here before the outbreak of war was regulated by appropriate visas and permits issued under the same rules as for other foreigners. The validity of these documents was often extended based on the provisions of the Anti-Crisis Shield (extended until August 1, 2023). Currently, COVID-related regulations no longer apply, and here, for Ukrainian citizens, the question arises – does the Special Act apply in such a situation? Yes! If the foreigner is a Ukrainian citizen, Article 42, paragraph 5a, of the Special Act should be invoked, which provides for the extension of the legal stay in Poland for these individuals as well. As this regulation states: “If the last day of the validity period of a temporary residence permit granted to a Ukrainian citizen falls in the period from February 24, 2022, the validity period of this permit is extended by operation of law until March 4, 2024.” It can be noted that this regulation is analogous to the COVID-related one, aiming to prevent Ukrainian citizens from falling into illegal residence.
Legal Residence of Ukrainian Citizens Until March 4, 2023
To address the raised concerns of employers – both Ukrainian citizens who arrived in Poland after February 24, 2022, in connection with military actions and those who were already in Poland based on permits whose validity period fell after February 24, 2022 – can legally stay in Poland until March 4, 2024.