BASIC INFORMATION - FAMI Bezpieczna przystań

Extending the period of legal stay of Ukrainian citizens under temporary protection

The legal stay of Ukrainian citizens (and certain members of their families) who came to Poland in the period from February 24, 2022 in connection with military operations conducted in Ukraine will be extended until March 4, 2024, and in some cases until August 31 or On September 30, 2024, the act amending the current regulations was published in the Journal of Laws and will enter into force on June 27 this year.

Detailed information on special means of extending your stay can be found on the website of the Office for Foreigners:

• https://mos.cudzoziemcy.gov.pl/informacje/inne-specjalne-ua/Introduction

https://www.gov.pl/web/udsc/wydluzenie-okresu-legalnego-pobytu-obywateli-ukrainy-objetych-ochrona-czasowa

If you are a citizen of Ukraine who came to Poland from the territory of Ukraine in the period from February 24, 2022 in connection with military operations on the territory of this country, you enjoy temporary protection in Poland and your stay is considered legal until March 4, 2024.

Detailed information on temporary protection under the Special Act can be found at:

https://mos.cudzoziemcy.gov.pl/informacje/ochrona-czas-specjalna/Introduction

ATTENTION!

YOU DO NOT USE THE TIME PROTECTION IF YOU HAVE:

• permanent residence permit
• residence permit for a long-term resident of the European Union
• temporary residence permit
• refugee status
• subsidiary protection
• permit for tolerated stay

and if:

• you have submitted an application for international protection in Poland
• you have declared your intention to submit applications for international protection.

Therefore, if you are staying in Poland on one of the above-mentioned grounds, you can continue your legal stay during the period of validity of the permit.

If you are staying in Poland on the basis of a temporary residence permit, on the basis of a visa or you have entered the visa-free regime, your stay in Poland is considered legal until March 4, 2024, even if the validity period of the abovementioned documents expire before March 4, 2024.

A stay deemed legal under the Special Act does not amount to an extension of any visa or document, or an extension of an authorized stay under the Visa Waiver regime . The use of this entitlement depends on your continued stay in Poland. Leaving this territory will mean that you will not be able to invoke this entitlement as an independent title to re-enter Poland.

If you have not acquired the right to temporary protection during your stay considered legal, you can apply to the appropriate voivode for a temporary residence permit. Familiarize yourself with the rules for granting this permit, as well as permits granted indefinitely.

Detailed information on special measures to extend your stay can be found at:

• https://mos.cudzoziemcy.gov.pl/informacje/inne-specjalne-ua/Introduction

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All Ukrainian citizens legally residing in Poland are exempt from the obligation to have a work permit.

The only condition for legal performance of work is that your employer notifies the poviat labor office about taking up work within 14 days from the day you start work, via the praca.gov.pl system
.

YOU CAN LEGALLY WORK FOR ANY EMPLOYER IN POLAND WITHOUT ADDITIONAL PERMITS IF:

• you are a citizen of Ukraine and you reside legally in Poland and you have a valid residence permit or
• you are a citizen of Ukraine and you have legally arrived on the territory of Poland in the period from February 24, 2022 from the territory of Ukraine and you declare your intention to stay in Poland, or
• you are the spouse of a Ukrainian citizen with the citizenship of another country and you have come to Poland from Ukraine since February 24, 2022 and you want to stay in Poland.

What obligations does your employer have?

Remember that the employer is subject to all employment-related obligations, i.e.:

• the remuneration paid to you cannot be lower than the minimum wage or the minimum hourly rate for work,
• the employer must enter into a written agreement with you that includes the conditions contained in the notification submitted to the employment office,
• before signing the contract, the employer should attach to it a translation into a language you understand
• the employer should register you for social security and health insurance within 7 days from the day you start work.

In 2023, the minimum remuneration for work under an employment contract
is PLN 3,490 gross until June 30, 2023. From July 1, 2023, it will amount to PLN 3,600 gross.

In 2023, the minimum hourly rate is PLN 22.80 gross until June 30, 2023.
From July 1, 2023, the minimum hourly rate will be PLN 23.50 gross.

IMPORTANT!

If you are a citizen of Ukraine and you came to Poland from Ukraine
in the period from February 24, 2022, you enjoy temporary protection in Poland. Your stay is considered legal until August 24, 2023.

REMEMBER! If you leave Poland for more than 1 month - you will lose the right of legal residence.

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The general rule is: you are entitled to work in Poland if :

• you are legally residing in its territory and you have a work permit (unless it is not required), or
• you have a temporary residence and work permit, or
• you have a temporary residence permit in order to perform work in a profession requiring high qualifications.

ATTENTION!

An exception to this rule is when you are staying in Poland on the basis of:

• visa issued for:

• tourist,
• visiting family and friends,
• use of temporary protection

• temporary residence permit granted on the basis of art. 181 sec. 1 of the Act of 12 December 2013 on foreigners, i.e. due to circumstances requiring a short-term stay of a foreigner on the territory of Poland.

In these cases, you CANNOT work in Poland.

Detailed information on legal stay and temporary residence permits in Poland can be found in the "LEGAL RESIDENCE OF A FOREIGNER IN POLAND" tab.

WORK PERMIT

A work permit is a document issued in the form of a decision by the competent voivode, which entitles a foreigner residing legally in Poland to perform work under the conditions specified in the permit. This document is issued at the request of the entity entrusting work to a foreigner (employer) by the voivode competent for the registered office or place of residence of the employer.

Detailed information and application forms can be found on the following websites:

https://www.mos.cudzoziemcy.gov.pl/informacje/zezw-praca/objasienie

https://www.gov.pl/web/uw-warminsko-mazurski/cudzoziemcy---zezwolenia-na-prace

You are entitled to work in Poland without additional permits, e.g. if:

• you have the status of a family member of an EU/EEA/Swiss citizen,
• you benefit from international protection in Poland (you have refugee status granted
  in the Republic of Poland or you benefit from subsidiary protection in Poland),
• you have a permanent residence permit in the Republic of Poland,
• you have a residence permit for a long-term resident of the European Union
  in the Republic of Poland,
• you have a residence permit for humanitarian reasons,
• you have a permit for tolerated stay in the Republic of Poland,
• you use temporary protection in Poland;
• you are a spouse of a Polish citizen who has a temporary residence permit
  on the territory of the Republic of Poland granted in connection with the conclusion of a marriage - Art. 158 sec. 1 of the Act of 12 December 2013 on foreigners,
• you have a temporary residence permit in order to reunite with your family - art. 159 of the Act
  on Foreigners,
• you are a full-time student in Poland,
• is a graduate of Polish upper secondary schools, full-time higher education or full-time doctoral studies at Polish universities,
• you have a valid Pole's Card.

Detailed information on the lack of a work permit requirement can be found at:

https://mos.cudzoziemcy.gov.pl/informacje/bez-zezw/objasienie

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