Immigration law /

New regulations on legalization of residence of Ukrainian citizens starting July 1, 2024

As of July 1, 2024, new regulations will come into force that aim to simplify the process of obtaining residence cards and temporary residence permits for Ukrainian citizens, who have been granted temporary protection in Poland and hold a PESEL with UKR status.

The main changes concern the procedures and conditions for legalization of residence, which will make the whole process faster and more transparent.

New regulations will come into force on July 1, 2024, which will simplify the legalization of residency for Ukrainian citizens with a UKR PESEL.

What will be the key changes and facilitation?

 

Conditions for obtaining a residence card

A Ukrainian citizen enjoying temporary protection will be able to obtain a residence card, under a new simplified procedure, if:
1. he/she had a PESEL number with UKR status on March 4, 2024,
2. he still has a PESEL number with UKR status on the date of application for a residence card,
3. had uninterrupted UKR status for at least 365 days.

Residence card for a child

A child born on the territory of Poland can obtain a residence card if his mother meets the following conditions:

  • Has a PESEL with UKR status
  • She has a residence card

In order for a child to obtain a residence card, the mother must be legally residing in Poland, and the child must have a PESEL with UKR status on the date of application.

Mode of application and fees

Applications for a simplified residence card will only be submitted online using a form. It will be made available on the website of the Head of the Office for Foreigners. The form will be determined by the Minister of Internal Affairs and Administration by regulation, but at the moment this solution has not yet been implemented.

The application will require an electronic signature or an ePUAP trusted profile. The fee for issuing a residence card will be, as a rule, PLN 100. In addition, a stamp duty of PLN 340 will be charged for the issuance of a temporary residence permit .

The provincial governor in charge of the place of residence of a Ukrainian citizen has 90 days to issue or refuse to issue a residence card from the moment the application is submitted. In the course of processing an application for a simplified residence card. One of the stages of the procedure will be to obtain the opinion of the ABW, Police and Border Guard on the foreigner, which may take up to 2 months.

The fee for the issuance of a residence card will be, as a rule, PLN 100. In addition, a stamp duty of 340 PLN will be charged for the issuance of a temporary residence permit.

Temporary residence permit

Normally, obtaining a residence card is preceded by a decision of the relevant provincial governor. However, according to the new law, a residence card is issued first, which then becomes a temporary residence permit by operation of law.

If a Ukrainian citizen previously applied for a temporary residence permit under the ordinary procedure and then applied for a residence card under the simplified procedure, the earlier proceedings will be discontinued by operation of law.

Exemption from work and economic activity permits

Ukrainian citizens with a residence card issued under the new simplified procedure will be exempt from the requirement for a work permit. This allows them to take up employment on the same terms as Poland citizens.

In addition, they will be able to do business in Poland on the same terms as Polish citizens, which is an additional integration and economic convenience.

Is it worth giving up on the current proposal?

We recommend that every Ukrainian citizen evaluate whether it is worth withdrawing a previously submitted application for a temporary residence permit under the old provisions of the Law on Assistance to Citizens of Ukraine and wait for the simplified procedure to come into force.

Under the old procedure, the permit can be issued for less than 3 years, while under the simplified procedure, the residence card and temporary residence permit will always be valid for 3 years from their issuance.

When will the new procedures be implemented?

Although the regulations on the simplified procedure for legalizing residency will come into effect on July 1, 2024, the full implementation of the procedures will still have to wait. The Minister of Internal Affairs and Administration will make an appropriate announcement when the technical solutions needed to implement the new regulations are ready.

The previous procedure permitted the issuance of permits for less than three years. In contrast, the simplified procedure guarantees the validity of residence cards and temporary residence permits for a period of three years from their issuance.

Easier legalization of residence and more opportunities for Ukrainian Citizens

The new regulations will make it much easier for Ukrainian citizens to legalize their stay in Poland. Simplified procedures, exemption from the requirement for a work permit and the possibility to conduct economic activity will contribute to better integration and stabilization of their living situation.

For detailed information and legal assistance, contact: [email protected].

Author team leader DKP Legal Piotr Gozdowski
Contact our expert
Write an inquiry: [email protected]
check full info of team member: Piotr Gozdowski
Author team leader DKP Legal
Contact our expert
Write an inquiry: [email protected]
check full info of team member: Denis Ushakov

Contact us

Flaga Polski.POZNANPOLAND
Młyńska 16
61-730 Poznań
+48 61 853 56 48[email protected]
Flaga Polski.WARSAWPOLAND
Rondo ONZ 1
00-124 Warsaw
+48 22 300 16 74[email protected]
Flaga Polski.KRAKOWPOLAND
Opolska 110
31-355 Kraków
+48 61 853 56 48[email protected]
Flaga Polski.ZIELONA GÓRAPOLAND
Jana Sobieskiego 2/3
65-071 Zielona Góra
+48 61 853 56 48[email protected]
Flaga Włoch.MILANITALY
Via F. Sforza 15
20122 Milan
+48 61 853 56 48[email protected]