GMI Legal Update: Work Pending on Extension of Right to Stay and Work in Poland for Persons Displaced from Ukraine after March 4, 2024

According to information from the Polish Ministry of Interior and Administration, work has begun on amending the so-called Ukrainian Special Bill. Most likely, the amendment will allow persons displaced from Ukraine staying in Poland to retain the so-called UKR status and the related right to stay and legal employment in Poland after March 4, 2024, for another year – until March 4, 2025 – or at least for another 6 months – until end of September 2024. However, the details of the planned amendment and the expected date of its entry into force are not known. It is also not known whether the extension of the UKR status will be automatic or whether it will require additional formalities.

According to the current wording of the Ukrainian Special Bill, the so-called UKR status is available to persons displaced from Ukraine only until March 4, 2024. A change of law allowing for the extension of UKR status after this date is expected due to the need to adapt Polish regulations to the decision of the Council of the European Union of October 29, 2023 to extend the temporary protection for persons displaced from Ukraine until March 4, 2025 at the EU-wide level (more about this decision in our earlier note here). The decision of the Council on its own did not yet result in an extension of the UKR status for the status holders (contrary to some views circulating in the social media).

Losing the UKR status on March 4, 2024 (which may happen e.g. if the amendment to the Special Bill is not adopted in time) does not necessarily mean losing the right to reside and work in Poland. UKR status holders working or running a business in Poland can already now apply for residence permits making them independent of the UKR status. As regards persons who do not perform work or conduct business (e.g. children or non-working spouses), there is also a number of measures which can be used to allow them continued stay in Poland after losing the UKR status.

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