This week the government has adopted a draft law on assistance provided to Ukrainian citizens in connection with the armed conflict on the territory of Ukraine. The regulations are intended to support the Ukrainian citizens who enter Poland directly from the territory of Ukraine in connection with the ongoing operations. The draft law sets out, among other things, the specific rules for legalising residence and employment of citizens of Ukraine, and it includes regulations concerning education, upbringing, care of children and students who are citizens of Ukraine, as well as access to social benefits and medical care for Ukrainian citizens.

Below, we are analysing the main assumptions of the draft Ukrainian special law, in particular those concerning the legalisation of residence of Ukrainian citizens and providing them with access to the labour market, which will definitely make it easier for Polish entrepreneurs to provide assistance to them by, among other things, creating jobs for them.

Legalisation of residence

Citizens of Ukraine who left their homeland as a result of the Russian aggression in the period starting on 24 February 2022 and who declare their intention to stay in the territory of our country will be allowed to stay in Poland for 18 months. What is important, the 18-month period will be counted from 24 February 2022, therefore the stay of the above mentioned Ukrainian citizens in the territory of the Republic of Poland will be considered legal until 24 July 2023.

The draft law also provides a procedure for further legalisation of residence of the above mentioned persons. A citizen of Ukraine, whose stay in the territory of the Republic of Poland is or was considered legal on the basis of the above mentioned regulations, will be granted a temporary residence permit, upon request. The permit will be granted once for a period of 3 years, counting from the date of issuing the decision. The Ukrainian citizens can submit the application for granting the above mentioned permit no earlier than after 9 months from the date of entry and no later than within 18 months following 24 February 2022. The Ukrainian citizens who will be granted a temporary residence permit will be entitled to work on the territory of Poland without the need to possess a work permit.

On the other hand, Ukrainian citizens who on 24 February 2022 already stayed on the territory of Poland on the basis of a national visa will have their legal stay and the validity of their visas extended by law until 31 December 2022.

The special law provides also for a deformalised procedure for obtaining the PESEL number by citizens of Ukraine who came to Poland in connection with the war. This solution will enable access for them to a number of public services, including online services, because the act specifies that after obtaining the PESEL number the Ukrainian citizens will also have access to the trusted profile.

Work

The draft act provides also for easier employment of Ukrainian citizens, which may be an important aspect for Polish entrepreneurs. The Ukrainians fleeing the war are to be guaranteed access to the Polish labour market and they will be able to register in district employment offices as unemployed persons or persons seeking work.

In order to employ a Ukrainian citizen legally residing in Poland, the employer will only be required to notify the relevant employment office, within 7 days, about having commissioned work to them. The notification will be made via the ICT system – praca.gov.pl.

Ukrainians, whose stay in Poland will be legalised under the special law or the foreigners law, will also be able to undertake and carry out business activity in our country, on the same conditions as Polish citizens – on condition that they obtain the PESEL number.

Health care, education, benefits

The Ukrainian special law also includes many other forms of assistance to Ukrainian citizens. They are to be guaranteed access to medical care on similar conditions as Polish citizens. The whole process is to be financed from the state budget, and the National Health Fund will account for each medical service provided to a Ukrainian citizen by the public health service. Free psychological assistance is also to be provided to Ukrainian citizens fleeing the Russian aggression.

Moreover, the draft law includes solutions to ensure access to free education for Ukrainian children, youth and students who fall under the provisions of the law. In addition, the Ukrainians are to be entitled to receive family benefits, child-support benefits, the “good start” benefit and the family care capital, after meeting the relevant conditions.

In principle, the solutions contained in the special law are to enter into force on the day of being announced in the Journal of Laws and apply retroactively as of 24 February 2022.

Link to the draft law discussed above:

Draft law on assistance provided to Ukrainian citizens in connection with the armed conflict on the territory of Ukraine [PL]