Month: March 2022

From 28 March 2022 there is no obligation to quarantine after arrival to Poland.

This means that all travellers (Polish citizens and foreigners) do not have to e.g. perform tests for the presence of coronavirus in connection with their entry to Poland. There is no difference whether they come to Poland from outside the European Union or as part of a trip within the European Union.

Other significant items from the new regulation include:

1. abolition of the requirement to wear face masks (in places other than pharmacies and buildings where medical activities are performed);
2. persons previously directed to quarantine must complete it on earlier terms;
3. persons who came from Ukraine in connection with the war can obtain a so-called covid passport (e.g. about undergoing appropriate vaccinations against Covid); without presenting a sworn translation of a foreign vaccination certificate;
4. maintaining the suspension of passenger rail transport from Belarus until 30 April 2022.

Other regulations regarding the situation of foreigners, introduced in connection with the coronavirus epidemic, still apply in Poland.

The removal of applying quarantine after arrival in Poland does not mean that extension of the validity of visas or work permits of foreigners (on the basis of the so-called anti-crisis shield) will stop. Currently there is no information when the automatic extension of the validity of documents of foreigners will be discontinued.

Restrictions on the entry of foreigners coming to Poland directly from Belarus and Russia also continue to apply. Limited groups of foreigners can enter Poland from these countries, e.g. foreigners working in Poland. Family members of foreign workers may still not be able to enter (depending on their personal status e.g. enrolment to school in Poland). The restrictions do not apply only to citizens of Belarus or Russia, but to all foreign travellers arriving from these countries.

What is critical to effectively manage relations with trade unions? How to respond to union’s misconduct? What if the union representative does not want to comply? And how does employment protection relate to such person? – Sławomir Paruch, Robert Stępień and Michał Bodziony comment for SEG quarterly.

Article: here. 

The first of the announced changes to the special law concerning Ukrainian citizens who came to Poland in connection with the ongoing war were published on Saturday of 26 March 2022.

1. removal of the requirement for persons fleeing the war in Ukraine to directly cross the Polish-Ukrainian border. The special act on help for Ukraine will also cover those who entered Poland by other ways, e.g. through the border with Slovakia;
2. in connection with the change of the scope of the special act – foreigners who have already come to Poland via another country will now be able e.g. to start work on the basis of a simplified procedure (it will be enough to report the start of work to the local labour office), obtain a PESEL in a special procedure, receive social benefits or register a business;
3. persons who were temporarily outside Ukraine at the time of the outbreak of war (e.g. business trip, vacation) and due to the lack of possibility to return to their country came to Poland will also be recognized as persons fleeing from Ukraine;
4. temporary suspension of the obligation to exchange Ukrainian driving licenses for Polish ones or to present a document confirming the right to use a vehicle, when the Ukrainian citizen is not its owner;
5. clarification of the regulations concerning the stay in Poland of Ukrainian children who entered Poland without a parent – especially, the establishment of a register of such children staying in Poland.

The changes have effect from 24 February which means that they apply also to persons that had arrived to Poland earlier.

Other amendments to the special law on help for Ukraine are still in progress, e.g., concerning the provision of public housing to persons fleeing Ukraine.

We can expect that the Act will be amended many times.

Currently functioning mechanisms of support and subsidies for language courses can help Ukrainian men and women in learning Polish language. I think it is unnecessary to complicate them further. It is worth considering financial support for employers to engage Ukrainians – Sławomir Paruch comments for Rzeczpospolita.

Article: here. 

There are many questions on how to apply the provisions of the Act on help for citizens of Ukraine in specific cases. The most interesting and important cases were collected from the participants of trainings by lawyers from PCS Paruch Chruściel Schiffter Stępień | Littler Global – Karolina Schiffter, Kinga Polewka-Włoch and Zofia Pawelec comment for Dziennik Gazeta Prawna.

Article: here.

New regulations did not get a chance to set in yet and they are already being tweaked. It is a good thing because instead of helping, they hinder employment and registration of residence. Importantly, the legislative cleanup should not be limited to direct entry across the Polish-Ukrainian border – Karolina Schiffter and Ewa Wysocka comment for Dziennik Gazeta Prawna.

Article: here. 

PCS | Littler launches free legal assistance available to all people from Ukraine who arrive in Poland due to the war.

Please, forward your questions and requests for advice (in Polish, English or Ukrainian) to our dedicated e-mail: ukraine@pcslegal.pl Support is provided by our team coordinated by immigration consultant Aleksander Dżuryło.

Q1: Who can leave Ukraine?

The Ukrainian authorities have banned male Ukrainians between 18 to 60 years of age from leaving the country. There are few exceptions to this rule, including men who are single parents, have at least 3 dependent children or a child with a disability. Men who are adoptive parents or guardians are also allowed to leave Ukraine.

Q2: What is required for children under 16 to leave Ukraine?

While crossing the border a child must be accompanied by one of the parents, grandparents, adult brother or sister, stepmother or stepfather, who will provide documents confirming family relation (birth or marriage certificate, etc.). Moreover, a child can leave Ukraine with another person authorised by at least one of the parents in writing, which is confirmed by a Ukrainian notary public or relevant local authorities.

Q3: What are the rules of entry from Ukraine to Poland at the moment?

There are no entry restrictions. Neither a negative Covid test result nor a vaccination certificate is required and the quarantine on arrival has been lifted.

Q4: What documents are necessary for entry? What is the legal basis for staying in Poland after crossing the border for people who do not have visas or residence cards?

Ukrainian citizens with biometric passports can enter and stay in Poland for up to 90 days. Those who do not have a biometric passport may enter Poland based on a special consent granted by the Border Guard for up to 15 days. The Border Guard require that any identification document be presented when entering Poland.

Q5: What are the rules for importing animals from Ukraine to Poland?

Dogs, cats and ferrets cab be allowed in even if the usual requirements are not met. They would be examined for rabies and vaccinated in Poland for free. Other animals are allowed in without any additional requirements.

Q6: What Ukrainians should do upon their arrival in Poland to make sure their stay will be legal?

All non-nationals who are covered by the Act on support for Ukrainian citizens due to war (the “special legislation”) and did not register while crossing the Polish border should report for registration procedure to the commune authorities (Urząd gminy) within 60 days of entry into Poland. When registered, they will receive a PESEL number.

Q7: Can Ukrainian citizens legally stay in Poland if they entered based on special permission from the Border Guard and have already been here for more than 15 days?

Non-nationals covered by the special legislation can legally stay in Poland by 24 August 2023, without applying for additional visas or residence permits.

Q8: Can non-Ukrainian citizens legally stay in Poland if they crossed the border directly from Ukraine after 24 February 2022?

According to the special legislation, non-nationals who are neither Ukrainian citizens nor spouses of Ukrainian citizens, are not covered by the regulations. However, they can use temporary protection under the EU law or legalise their stay under general rules.

Q9: Can Ukrainian citizens legally stay in Poland if their residence permits have expired after 24 February 2022?

Those Ukrainians who have already lived in Poland based on national visas or temporary residence permits will have their documents extended to 31 December 2022 if they expired after 24 February 2022. Ukrainian citizens who stay in Poland based on the Schengen visa or under the visa-free program will have their right to reside in Poland extended by 18 months.

Q10: Is it possible to extend/obtain documents in Ukrainian consulates?

Right now, it is not possible to issue new passports. The validity of international passports for Ukrainian citizens can be extended for 5 years through an appropriate passport note. If a Ukrainian child under 16 does not have a passport, their parents can have the child’s data entered into their international passports.

Q11: How to legalise further stay in Poland?

Ukrainian citizens and their entitled family members who have the residence right under the special legislation will be able to extend their stay through a temporary residence permit. The temporary residence permit for 3 years will be granted under simplified rules. Applications can be submitted no sooner than 9 months after the non-national arrived in Poland, which means the end of November 2022 at the earliest.

Q12: What is international protection (refugee status or subsidiary protection, not to be confused with temporary protection)? Is it worth applying for?

It is an alternative solution to those introduced by the special legislation. Those applying for international protection will have their ID retained by Polish authorities, who will issue a temporary document instead. The applicant will not be allowed to leave Poland until the entire procedure is completed (approx. 1.5-2 years). Moreover, it is questionable whether or not the applicant will be allowed to work in Poland by the time the application is considered or, alternatively, within the first six months after applying. We believe it will be possible in some cases. However, we recommend this solution only to non-nationals who qualify for this kind of protection and cannot use any other option.

Q13: Will Ukrainian citizens be allowed to work when they arrive?

According to the special legislation, Ukrainian citizens legally residing in Poland, including those Ukrainian citizens whose stay is recognized as legal under its provisions, can perform work without additional permits. The only mandatory requirement is for the employer to notify the employment office that a non-national started work within 14 days from the date of the work commencement.

Q14: How to enrol a child in school?

Apply for admission to the chosen school. The admission decision is made by a school headmaster. If there are no places available in the chosen school, the applicant should contact local authorities (Urząd gminy) for information about available school spots.

Q15: Does the special legislation provide for any other support measures, such as access to medical care, social assistance, etc.?

After the special legislation became effective, non-nationals covered by its provisions have access to health care on the same terms and conditions as Polish citizens. It also provides for easier access to numerous social benefits, such as a one-off cash benefit of PLN 300 per person, access to the Family 500+ program and others.

Q16: How to get a PESEL number?

To obtain a PESEL number, a non-national has to apply in person to any commune office (Urząd gminy). At the office, it is necessary to provide a document with a photo allowing for identity verification (e.g. a travel document, a Pole’s Card), a 45×35 mm colour photograph and a birth certificate for children under 18. The applicants must submit their fingerprints (applies to people over 12 years old), fill in and legibly sign personal data forms.

Q17: How to get medical help?

To confirm their right to health care, non-nationals will have to provide their PESEL number, show a printed confirmation of their trusted profile activation, an e-document that can be activated after registering with the local authorities (Urząd gminy). In short, to use medical assistance it is necessary to get a PESEL number and activate a trusted profile and then go to a selected public health provider to get the necessary assistance.

Q18: Are Ukrainian citizens eligible for income tax exemption on received assistance, in particular monetary and non-monetary donations?

To some extent, yes. Humanitarian aid in the form of food and accommodation provision, financing medical treatment or education and courses to change professional qualifications received between 24 February 2022 and 31 December 2022 by taxpayers who are Ukrainian citizens coming from Ukraine to Poland as a result of the war on Ukrainian territory within that timeframe are exempt from personal income tax. However, despite the original plans, a similar exemption was not applied to tax on donations.

Q19: What other forms of legal employment in Poland are available for Ukrainians, apart from that specified in the special legislation?

Employment of Ukraine citizens who legally stay in Poland is also possible based on:

• statement on entrusting work;
• work permits;
• temporary residence and work permit;
• temporary residence permit for highly qualified employment.

Authors:

Kinga Polewka-Włoch, Attorney-at law, lawyer at PCS Paruch Chruściel Schiffter Stępień | Littler Global,

Aleksander Dżuryło, Immigration Consultant at PCS Paruch Chruściel Schiffter Stępień | Littler Global.

Download: here.

 

PCS | Littler launches free legal assistance available to all people from Ukraine who arrive in Poland due to the war. More: here. 

Those fleeing the war can set up individual businesses on the same basis as Polish citizens. Those who arrived before the Russian invasion i.e., before 24 February, will also benefit. – Karolina Schiffter and Kinga Polewka-Włoch comment for Dziennik Gazeta Prawna.

Article: here. 

The special act introduces many beneficial solutions for people fleeing from war to our country. It facilitates legalization of their residence, employment, entitlement to benefits or assistance in access to education. But that brings challenges: both for local governments and for potential employers. Before employing someone in a fast-track, simplified procedure, they will have to resolve the legalization status of such person in Poland and thus solve many legal issues related to it. – Karolina Schiffter, Tomasz Rogala, Kinga Polewka-Włoch, Maciej Zabawa and Marcin Snarski.

Guide: here.