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SPECIAL SOLUTIONS FOR UKRAINIANS AND FOREIGNERS ARRIVING TO POLANDDUE TO WAR

  • Daria Zawadzka
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SPECIAL SOLUTIONS FOR UKRAINIANS AND FOREIGNERS ARRIVING TO POLANDDUE TO WAR

The invasion of Ukraine started on February 24, 2022 by the Russian Federation, an escalation of the war that has been going on since 2014. Persons escaping before the war will be admitted to the territory of Poland, regardless of their nationality.

Functioning border crossings


At the moment, the border crossings on the Polish side remain open. They can be overcome both in a vehicle and on foot.
Information on transitions from the government side:
https://www.gov.pl/web/ukraina/sytuacja-na-przejsciach-granicznych-z-ukraina
Detailed information on crossing the border is also provided by the Border Guard – helpline number: +48 82 568 51 19.

Documents at the border crossing


Anyone escaping from the territory of Ukraine before the war will be admitted to Poland.
It is good if refugees present a document such as
• Passport (preferably a biometric passport),
• national visa (type D) or Schengen visa (type C),
• type D or type C visa issued by another Schengen state,
• residence permit (residence card) issued by another Schengen state,
• settlement of a temporary residence permit, permanent residence permit or long-term resident’s EU residence permit with a valid residence card,
You can also submit an application for international protection at the Polish border crossing point.
The last option is the consent of the commander of the Border Guard, granted when crossing the border, entitling to stay in the territory of the Republic of Poland for up to 15 days (Article 32 (1) of the Act on foreigners).


Covid -19
Pursuant to the changes to the Regulation of the Council of Ministers on the establishment of certain restrictions, orders and bans in connection with the epidemic, the following obligation does not apply to persons crossing the Polish border with Ukraine:

  1. to hold a compulsory quarantine after crossing the state border
  2. show a negative COVID test result.
    Provisions of the special act
    I. Legal stay in Poland of Ukrainian citizens

• The stay of Ukrainian citizens who came directly from Ukraine to the territory of Poland from February 24 in connection with hostilities conducted on the territory of Ukraine is considered legal for a period of 18 months if these persons entered legally and declare their intention to stay in Poland. NOTE: the Act does not apply to people who came to Poland via another country.
• The special act also covers Ukrainian citizens who have a Pole’s Card and spouses who do not have Ukrainian citizenship (if they came directly from Ukraine).
• The provisions of the act do not apply to citizens of Ukraine who have:
I. permanent residence permit
II. long-term resident’s European Union residence permit
III. temporary residence permit
IV. refugee status
V. subsidiary protection
VI. permit for tolerated stay
VII. have submitted applications for international protection in Poland (or on behalf of which such applications have been submitted)
VIII. declared their intention to submit applications for international protection.
• Persons covered by the special act are also subject to temporary protection.
• The ordinance will define the last day on which the arrival to Poland will be subject to the above regulations (eg due to the number of foreigners coming, the situation of the civilian population, etc.).
• It is important to register entry to the territory of Poland. If the entry has not been registered by the Border Guard, the entry may be registered upon an application for a PESEL number, but not later than 60 days from the date of entry.
• Leaving the territory of Poland for more than 1 month revokes the right to stay for 18 months, as provided for in the special act.
• A Ukrainian citizen covered by the special act will be able to obtain a temporary residence permit for 3 years.
• The application may be submitted not earlier than 9 months, and not later than 18 months.

II. Extension of validity of other documents
If the last day of stay of a Ukrainian citizen falls on February 24, the following documents are extended until December 31, 2022:
• National visa (does not entitle to cross the border)
• Temporary stay (does not issue / does not replace the residence card)
They are extended by 18 months:
• Residence cards, Polish identity documents, tolerated stay permit (no new documents are issued, the card does not entitle to cross borders)

PESEL


Every Ukrainian citizen who has legally entered Poland may submit an application to the commune office to be assigned a PESEL number. An office worker can help you fill out the application. Documents must be submitted in person and signed at the official.
The information you need is:
• first name (names) and surname,
• family name,
• citizenship,
• PESEL numbers of parents, if they have been assigned and are known,
• date, place and country of birth,
• sex,
• date of entry into the territory of the Republic of Poland,
• date of submission of the application,
• an annotation as to whether fingerprints have been collected.

Access to the labor market

Access to the Polish labor market for Ukrainian citizens has been guaranteed. In order to take advantage of this solution, the employer will have to notify the competent labor office, via the praca.gov.pl portal, of entrusting work to a foreigner within 14 days.
Ukrainian citizens will also be able to use the services of the labor market in the form of, inter alia, job placement, career counseling and training – on the same terms as Polish citizens.

Learning for kids
• Collect documents on the child’s previous education (certificates, certificates, etc.). If you do not have them – write a statement about the total number of completed years of education indicating the institution the child attended.
• Contact the selected Polish school and submit an application for admission to the school. The decision on admission is made by the director of the facility.
• The primary school where you live must admit your child. The remaining primary and secondary schools admit children as long as there are vacancies.
• If there are no places in a given class at the school you choose, contact the municipality where you live and ask for a school where your child will be able to attend.
https://www.gov.pl/web/edukacja-i-nauka/informacja-dla-rodzicow-dzieci-przybywajacych-z-ukrainy

Foreigners
Foreigners who are not Ukrainian citizens may stay in Poland for 15 days from the moment they legally cross the border. They should return to their countries of origin, and for this purpose they can contact their embassies on the territory of the Republic of Poland. They can also try to submit documents to the foreigners’ affairs office for legal residence in Poland, but there is no certainty that their case will be considered positively. If they would like to continue their education interrupted by the war, they should contact the selected universities to ask if it is possible.
For third-country nationals and stateless persons, this applies to persons who can prove that they enjoyed international or equivalent national protection in Ukraine before February 24, 2022, were legally resident in Ukraine on the basis of a valid permanent residence permit issued by law Ukrainian and are unable to safely return to their country or region of origin.
For third-country nationals and stateless persons, this applies to persons who can prove that they enjoyed international or equivalent national protection in Ukraine before February 24, 2022, were legally resident in Ukraine on the basis of a valid permanent residence permit issued by law Ukrainian and are unable to safely return to their country or region of origin.
The certificate is the only proof of the use of temporary protection in Poland and during its validity it certifies the holder’s right to stay in Poland. A foreigner who enjoys temporary protection may also perform work without the need for a work permit and undertake and conduct business activity in the territory of Poland on the same terms as Polish citizens.
To a person benefiting from temporary protection, to whom a certificate has been issued, the Office for Foreigners provides, upon their request, medical care and grants assistance through accommodation and meals or assistance in the form of a cash benefit. The aforementioned assistance is provided in the manner and on the terms specified in the Act on granting protection to foreigners within the territory of the Republic of Poland.


TEMPORARY PROTECTION THROUGHOUT THE EU
The use of temporary protection in the Republic of Poland does not exclude the possibility of obtaining temporary protection in the territory of another EU Member State by persons covered by the Council Implementing Decision (EU) 2022/382 of March 4, 2022 stating the existence of a mass influx of displaced persons from Ukraine within the meaning of Art. 5 of Directive 2001/55 / ​​EC and resulting in the introduction of temporary protection (Journal of Laws UE L 71, of 4.3.2022, pp. 1-6), depending on the ability of states to receive the relocated persons. The new host EU country takes over the obligations arising from the person concerned with temporary protection.

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Author: Daria Zawadzka

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