According to Art. 2 items 1 of the Law of the Republic of Poland “On assistance to citizens of Ukraine in connection with the armed conflict in the territory of this state”
The stay of all citizens of Ukraine who arrived on the territory of the Republic of Poland legally in connection with the hostilities in Ukraine and declared their intention to remain in Poland is considered legal for 18 months, starting from February 24, 2022.
Citizens of Ukraine who at any time during the border crossing have announced their departure from Ukraine to obtain protection in Poland, may freely leave Poland and return to Poland during this period within 18 months from February 24 this year. will be legal.
Citizens of Ukraine entering Poland must always inform about the purpose of their travel within the framework of border control. Thus, by declaring their goal of entry into Poland – the need to obtain protection in connection with hostilities in Ukraine, the citizens of Ukraine have the opportunity to acquire the right to legal residence, referred to above.
A citizen of Ukraine loses the right to stay legally in Poland for 18 months, starting from February 24, this year, in the case of a single departure from Poland for more than one month, and not when the amount of short departures exceeds this period.
A citizen of Ukraine whose entry into the territory of the Republic of Poland from the territory of Ukraine is not related to hostilities, but has the character of regular border traffic, is subject to border control on the principles set out in the Schengen Borders Code (biometric passport and 90 days for 180 days).
A citizen of Ukraine who has fully used the permitted period of stay may apply to enter Poland in connection with hostilities on the territory of Ukraine, which will require additional study of his application under Article 32 of the Law on Foreigners and, in case of positive consideration, he may be allowed to enter Poland.
The above conditions do not apply to citizens of Ukraine who have:
- permanent residence permit in Poland,
- residence permit of a resident of the European Union,
- temporary residence permit in Poland,
- refugee status,
- additional protection,
- tolerant residence permit,
- residence permit for humanitarian reasons;
as well as those who:
- filed applications for international protection in the Republic of Poland or on whose behalf such applications were filed,
- have declared their intention to apply for international protection or such persons to whom such declarations of intent apply.
If the entry of a citizen of Ukraine is not registered by the Commander of the Polish Border Guard Service during the border control, the citizen of Ukraine must register his stay in any department of the commune in Poland by obtaining a PESEL number within 90 days. ‘ride. Based on this, the Commandant of the Polish Border Guard Service registers the stay of a citizen of Ukraine in the territory of the Republic of Poland.
Relocation within the Schengen area
Citizens of Ukraine who do not have a short-term or long-term visa or residence permit issued by an EU Member State and who are entitled to temporary protection under Polish law may leave Poland only to the EU Member State where they wish to apply. their rights are related to temporary protection.
Please note that the final decision on the admission of a citizen of Ukraine to the territory of the Republic of Poland or refusal of entry remains solely with the Border Guard Service of the Republic of Poland!