#ALERT: Draft of a special act – simplification of employment of Ukrainian citizens in Poland

The government has completed work on a draft of a special law aimed at helping Ukrainian citizens who fled from the war in their country. The key points of the planned act are:

• Right to stay in Poland for Ukrainian citizens who entered Poland in connection with the war for a period until 24 August 2023  – without completing additional formalities;
• Ukrainian citizens legally residing in Poland can work in Poland on simplified terms (also if they came to Poland before Russia’s attack on Ukraine) – on the basis of notification to a Local Labour Office that they have started work;
• Obligation to register at municipal administration by Ukrainian citizens whose entry has not been registered by the Border Guard at the time of crossing the Polish border. This process will be necessary to use in practice the rights introduced by the special act, if a given person does not have, for example, a stamp in the passport confirming date of entry to Poland.
• Extension of legal stay until 31 December 2022 for Ukrainian citizens residing in Poland, whose right to stay expired on 24 February 2022 or later.
• Possibility to apply for a temporary residence permit under simplified rules for a period of 3 years, if an Ukrainian who arrived to Poland in connection to the war wishes to stay in Poland for a longer period.

The draft law also provides e.g. that Ukrainian citizens fleeing the war will be given easier access to social benefits. It is also planned to facilitate access to education for Ukrainian pupils and students, as well as to facilitate the employment of Ukrainian researchers and medical personnel.

The draft is planned for discussion on the Parliament session on Tuesday (8 March). The adoption of the special act is planned still this week.

At the same time, based on decision of the UE, persons escaping from war in Ukraine may be able to benefit from mechanism of temporary protection under EU law. Polish regulation is meant to not substitute the EU scheme but rather compliment it. Decision if it will be more beneficial to use Polish regulation or the EU scheme may depend on personal situation of the foreigner and possible changes in draft of the Polish regulation during work in Parliament.