Poland’s Response to the Ukraine Crisis: Updates to the Special Bill

The Special Bill, officially known as the Law on assistance to Ukrainian citizens in connection with the armed conflict on the territory of the country, was introduced in Poland on 12 March 2022 to support Ukrainian nationals who fled from war on or after 23 February 2022, but also Ukrainian nationals who were residing in Poland prior to that date.

The bill was drafted to complement EU laws brought into action following the advent of the Ukrainian crisis. As the geopolitical situation develops, so too does the Special Bill.

Right to stay

Ukrainian passport holders who fled from war should therefore receive a PESEL certificate with the annotation ‘UKR’ what would prove they hold the right to reside in Poland until 30 September 2025. This is based on the amendment to the Special Bill effective from 01 July 2024.

Ukrainian passport holders who had the right to stay in Poland before the war began can benefit from automatic extension of their right to stay under a Schengen visa-free allowance, Polish visa, Schengen visa or Polish residence card provided the right to stay expired on or after 24 February 2022.

Right to work

Any Ukrainian national can be employed in Poland, provided they are residing in the country legally. Submission of a Special Bill notification to the Local Labour Office, if submitted timely after the start of employment will ensure this employment is compliant. This means that a Ukrainian passport holder does not need to hold a Work Permit to work in Poland, but the notification is an important formality that must be completed.

The earlier amendment to the Special Bill – i.e., applicable before 01 July 2024 – allowed employers to complete the notification in 14 calendar days, which has recently been shortened to seven calendar days.

The online system does not allow for the notifications to be sent any later than seven calendar days after the start of employment. If this deadline is missed, further rectifying actions will need to be taken to ensure compliance, although recommendations for any impacted employee would be based on a case-specific in-depth review.

Does a notification need to be submitted when any Ukrainian employee starts work?

A notification must be submitted for majority of Ukrainian nationals who arrived in Poland pre- or post-war. Although, it may not be obligatory for some Ukrainian citizens holding different statuses in Poland (e.g., Special Permission or Work Permit holders not covered by a UKR status).

More accurate advice can be provided upon completion of assessment, with which Fragomen can assist.

How Fragomen can assist

If you are hiring Ukrainian passport holders in Poland, our team can review their immigration status to determine any immigration formalities for the right to stay to be secured and maintained and the employment to be compliant.

We have helped employers to complete immigration processes for more than 1,000 Ukrainian passport holders since the 2022 crisis began. We keep a close eye on the legislative changes and updates on the matter.

Need to know more?

If you are an employer in Poland looking to hire Ukrainian passport holders but are not sure how to proceed from an immigration perspective, please contact [email protected] with questions.

This blog was published on 11 October 2024, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please subscribe to our alerts and follow us on LinkedIn, X, Facebook and Instagram.