Refugee status for Ukrainian citizens – special act

Since the Russian aggression against Ukraine began, more than 300,000 people have crossed the border into Poland, mainly mothers with children. In the coming days, this number is expected to continue increasing, and people will need even more assistance, including from the state. Due to the humanitarian crisis and the influx of refugees, the government has announced far-reaching simplifications concerning the residence rights of persons who crossed the eastern border from 24 February 2022 onwards.

Work is underway on a special law draft

The government is soon to present a draft special law aimed at creating a specific legal regulation providing foreigners with a temporary legal basis for lawful residence, particularly those holding Ukrainian citizenship, who have been forced to leave their country of origin due to military actions and entered Poland with the appropriate entry permission. The law is expected to be adopted during the Sejm session on Thursday or Friday.

Detailed announcements regarding the shape of the forthcoming law have appeared on the government’s website.

Justification of the draft

The draft law aims to create a special legal regulation providing a temporary legal basis for the lawful residence of foreigners, especially those holding Ukrainian citizenship, who have been forced to leave their country of origin due to military actions and entered the territory of the Republic of Poland with the relevant entry permit. On 24 February 2022, the Armed Forces of the Russian Federation attacked the territory of Ukraine. As a result, thousands of Ukrainian citizens seeking shelter started moving towards the territory of the Republic of Poland. Because of this, it became necessary to develop legal solutions directed at the above-mentioned group of foreigners.

Planned changes

The draft law sets out special rules for legalising the stay of Ukrainian citizens who entered the territory of the Republic of Poland directly from Ukraine due to the military actions taking place in that country.

The proposed law also defines:

1. special rules for assigning work to Ukrainian citizens legally residing in the territory of the Republic of Poland;

2. assistance provided by voivodes to Ukrainian citizens;

3. the creation of a new earmarked reserve for financing expenditure related to aid for Ukrainian citizens;

4. certain rights of Ukrainian citizens whose stay in the territory of the Republic of Poland is recognised as legal;

5. special rules for extending the periods of legal stay of Ukrainian citizens and documents issued to them by Polish authorities concerning their rights to enter and stay in the territory of the Republic of Poland;

6. certain rights of Polish and Ukrainian citizens who are students, academic teachers or research workers entering from Ukraine;

7. special regulations regarding the education, upbringing and care of children and pupils who are Ukrainian citizens, including support for local government units in carrying out additional educational tasks in this area;

8. special rules for the organisation and functioning of universities in relation to ensuring places for Ukrainian citizens in higher education.