Frequently asked questions:
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According to official sources, the issue of crossing the border after 90 days of stay in the Schengen area is that citizens of Ukraine with the status of temporary protection
(a) they cannot travel to other Schengen countries – i.e. theoretically they can move freely in the Schengen area only until they have exhausted 90 days of stay under visa-free regime (or until their visa expires), after which they must stay in Poland, where they can stay up to 18 months, counting from 24.02.2022;
b) travel to Ukraine is possible when in possession of documents entitling to cross the border (days under visa-free regime or visa), and if such a possibility has already been used, upon return to Poland one should declare to the representatives of the Polish Border Guard that the purpose of entry is temporary protection. In such a case the situation will be considered and the Ukrainian citizen may be allowed to enter Poland. Please remember that the final decision on crossing the border is made by the Border Guard.
Please also note that staying outside Poland for longer than 1 month means loss of temporary protection status.
It is worth emphasising that as of today there is room for possible ambiguous interpretation of the above issues by state services, therefore we are monitoring the situation and as soon as additional details or practical experience appear, we will immediately inform you about new instructions.
Translated with www.DeepL.com/Translator (free version)
1. HOW CAN A CITIZEN (living in Ukraine before the war, not having Ukrainian citizenship) REGALISE HIS STAY IN POLAND IF HE CAME AFTER 24.02.2022?
A foreigner holding a permanent residence permit in Ukraine may be granted so-called temporary protection provided that he/she cannot return to the country of origin in safe conditions.
A foreigner with a temporary residence permit in Ukraine may apply for temporary residence in the territory of the Republic of Poland or for international protection.
A foreigner with a spouse who is a citizen of Ukraine is covered by the special law.
A foreigner who has a partner who is a citizen of Ukraine may be granted so-called temporary protection.
2) WHAT CITIZENS OF UKRAINE CANNOT DO if they have registered their residence in Poland (they have received a PESEL)?
They cannot leave Poland for more than 30 days. Otherwise they lose their rights under the special law. An application for a temporary residence permit can only be submitted after a nine-month stay in Poland, otherwise there are no restrictions.
3. I have received a PESEL number with a UKR annotation – can I leave Poland?
Yes, provided that your departure will not last longer than 30 days. A citizen of Ukraine whose departure will last longer than 30 days loses the status of temporary protection on the territory of Poland.
4. I have received a PESEL number with the annotation UKR, I have applied for and received social assistance (a single payment of 300 PLN and 500 +) – can I leave Poland?
There is no obligation to report your departure/absence to the Social Assistance Centre, but it is advisable to send information about your longer absence to the Social Insurance Institute.
5. who is entitled to temporary protection? How do I apply for temporary protection? what are the advantages of temporary protection?
Citizens of Ukraine, as well as third-country nationals or stateless persons enjoying international protection in Ukraine and their family members, will be granted temporary protection if they resided in Ukraine prior to and including 24 February 2022. For third-country nationals residing in Ukraine prior to and including 24 February who hold a permanent residence permit and who cannot safely return to their countries, Member States are to apply temporary protection or appropriate protection under national legislation.
Temporary protection is granted for a period of 1 year.
Such a person may work without a work permit or start an economic activity in the territory of Poland under the same conditions as Polish citizens.
6 I am not a citizen of Ukraine, I arrived after 24.02.2022. My stay in Poland exceeded 15 days. How can I legalize my stay in Poland?
Formally, you must legalise your stay (e.g. apply for a temporary residence permit) before the expiry of 15 days or leave the territory of the Republic of Poland. Otherwise an order to leave the country may be issued.
7. I came to Poland from Ukraine AFTER 24.02.2022. I am planning to travel to another EU or non-EU country. Do I have to apply for a PESEL number?
No. An application for a PESEL number should be submitted only by those who intend to stay in Poland.
8. I came to Poland from Ukraine after 24.02.2022. I have received a PESEL number on the basis of registration without UKR adnotation. Am I covered by the special law? Can I get financial assistance for Ukrainians fleeing the war?
Yes. The specustawa covers all persons of Ukrainian citizenship who arrived legally on the territory of the Republic of Poland in the period after 24 February 2022 in connection with the warfare on the territory of Ukraine.
9. I am a person with actual custody of a minor from Ukraine. How can I become a temporary guardian?
A temporary guardian is a person who effectively takes care of a minor. He/she shall be appointed by the guardianship court competent for the place of residence of the minor. The court’s action may be taken ex officio or upon request.
10. How to obtain a disability certificate for a child from the Ukraine in Poland?
An application for a disability certificate should be submitted to the Disability Assessment Board of the district (powiat) competent for the place of permanent residence.
The application must be accompanied by medical documentation, including a medical certificate.
If the medical documentation submitted with the application is insufficient to issue a certificate of disability or degree of disability, the person may be asked to supplement the missing documentation.
11. I am a doctor with a university degree from a university in Ukraine. Can I work in my profession in Poland? What do I need to do?
Steps:
1. obtain permission from the Ministry of Health – submit an application with the required documents to the Ministry of Health;
2. licence to practise – apply to the district medical board competent for the place of intended employment for the granting of a conditional licence to practise; shall be issued for a period of up to 5 years
3. employment in a medical unit.
12. may I submit an application for temporary residence if I have received Pesel number with UKR annotation?
Citizens of Ukraine can apply for a temporary residence permit between 9 and 18 months of stay in Poland (if the application is submitted before the end of 9 months from the date of entry to Poland – it will not be examined). The permit will be issued for 3 years, counting from the date of issuing the decision.
13) How can a Ukrainian citizen obtain another visa to continue working as a TIR driver?
In the case of international drivers in order to cross the border, it is necessary to obtain a new visa sticker. Such a sticker is issued by the provincial office competent for the place of residence of the foreigner.
There are a number of inaccuracies and discrepancies concerning the implementation of regulations by Voivodship Offices, so in practice they may ask for applications for temporary residence in similar cases. Unfortunately we have to wait until everything is stabilised and there are concrete guidelines concerning this issue.
14. on what basis can I stay in Poland if I arrived before 24.02?
If you arrived before 24.02, your stay depends on what documents you have.
National visa – stay extends until 21.12.2022
Schengen visa and visa-free travel – extension up to 18 months
Voluntary return period up to 18 months.
