Residence card, UKR status. New possibilities for extending the legal stay of Ukrainians

On March 29, 2024, a proposal was made to amend the law on Polish assistance to Ukrainian citizens due to the armed conflict. Below, we explain the new opportunities for legalizing stay in Poland available to Ukrainian citizens and how to restore UKR status.

UKR status and residence card – key changes

The amendment will bring positive changes for refugees residing in Poland. The project aims to extend the legal stay from June 30, 2024, to September 30, 2025. Consequently, refugees will not have to worry about legalizing their stay after June 30 this year. The document is currently being submitted to the Government Legislation Center and, after consultations, the approval process will begin.

The changes proposed in the project are not limited to extending the period of legal stay. It is also planned to introduce other beneficial regulations, such as the possibility of applying for a temporary residence permit for Ukrainian citizens for family reunification. Until now, a Ukrainian citizen with UKR status could only submit relevant documents for the purpose of work or conducting business activities. This meant that those under temporary protection could not obtain necessary documents for their children.

Residence card, UKR status – simplification of legalization procedures

The planned changes will also introduce a simplified procedure for obtaining temporary residence for individuals with UKR status. The new regulations will allow changing from temporary protection to temporary residence. This will be possible for individuals who:

• had UKR status as of March 4, 2024,
• have UKR status on the day of submitting the application for a residence card.

The residence card issued in a simplified procedure will include the annotation “Previously holder of temporary protection,” and the status of such a person will change from UKR to CUKR status.

How to restore UKR status?

UKR status can be lost if leaving the territory of Poland for more than 30 days. To avoid losing UKR status due to leaving the territory of Poland for less than 30 days, a foreigner should inform the Border Guard officer conducting passport control of their intention to enter Poland in connection with enjoying temporary protection rights, and show the electronic document diia.pl each time.

Entering Polish territory without informing about the above circumstances or without showing the diia.pl document may result in the foreigner’s data not being included in the registers, based on which the UKR status is granted.

How to restore UKR status if the stay outside Poland is longer than 30 days? UKR status can be automatically restored when a Ukrainian citizen declares during border control that the purpose of entry is evacuation from the territory of Ukraine (also through another country, if it is logically justified). In the absence of showing the diia.pl document by the foreigner during border control and lack of declaration of the purpose of entry related to war activities on the territory of Ukraine, the foreigner’s entry is recorded in the SG systems, but outside the register maintained under Article 3 paragraph 3 of the assistance law. The status can also be restored by submitting a personal application at any municipal office, where based on a declaration, the date of the last border crossing on the entry direction to Poland, related to war activities, will be indicated. In other words, after entering Polish territory, a Ukrainian citizen has the opportunity to personally submit an application at the municipal office.

UKR status replaces the previous NUE status (inactive UKR status) in the PESEL register. The restoration of rights under the assistance act takes place from the day of re-entry into Polish territory, immediately after the system feeds the register maintained by the Border Guard.

UKR status and residence card. The possibility of submitting electronic applications – a revolution in handling foreigners

Moreover, in February 2024, the Council of Ministers published a plan to amend the law on foreigners. The amendment aims to streamline procedures related to the stay and work of foreigners in Poland and is expected to come into effect in the second quarter of 2024.

The most significant change will be the possibility for foreigners to submit residency applications electronically, which is intended to reduce the burden on offices and shorten the waiting time for a decision. Applications in electronic form will be submitted through the state portal MOS – Case Handling Module. The portal will enable filling out, signing, and sending an application electronically.