Starting from November 24, 2022, citizens of Ukraine and their family members who received a PESEL UKR number can obtain a temporary residence permit in Poland in a special procedure.
This is a special type of temporary residence permit, which was introduced by Article 38 of the Act of March 12, 2022 on aid for Ukrainian citizens in connection with the armed conflict on the territory of this state.
Is this permit different from other temporary residence permits?
Similar to other temporary residence permits, this temporary residence permit issued on the basis of the Act on aid for Ukrainian citizens in connection with an armed conflict in the territory of that country, allows you to stay in Poland, cross its border and travel within the Schengen Area, including the European Union.
However, this permit differs from other temporary residence permits, in particular in terms of the procedure required to obtain it:
- This permit is always issued for a period of 3 years -> Other temporary residence permits are issued for a period ranging from 3 months to 3 years (depending on thier type and purpose of stay).
- When issuing a permit, the purpose of stay in Poland is not being verified-> Other permits require you to declare the purpose of stay (e.g. work, studies, staying with family) and to prove that this purpose exists by presenting documents that confirm it.
- It is not possible to appeal in case you are refused this permit -> Other permits allow you to appeal against a refusal decision.
- An application for a permit may be submitted only after 9 months of legal stay in Poland -> Other permits only require that the application be submitted during the legal stay.
- This temporary residence permit may be refused only if:
- it is necessary for reasons of state defense or security, or protection of public safety and order,
- the foreigner is entered in the list of foreigners whose stay on the territory of the Republic of Poland is undesirable, or
- the foreigner submitted an application for this permit after August 24, 2024.
Who can get this permit?
An application under this special procedure may be granted only to citizens of Ukraine and their spouses (even if a spouse does not have Ukrainian citizenship). Under Polish law, only a person who has entered into a marriage is considered a spouse – de facto relationships (cohabitations/domestic partnerships) do not allow to submit an application for a permit in this procedure.
No other foreigner is able to obtain a permit in this procedure – even if they previously had a Ukrainian residence permit. These foreigners should apply for a temporary residence permit provided in the Act on foreigners and need to prove a valid reason of stay in Poland.
When can an application for this permit be submitted?
Application for this permit may be submitted only after 9 months of legal residence in Poland, granted in connection with arrival to Poland after February 24, 2022 and obtaining a PESEL UKR. The application cannot be submitted later than August 24, 2024
If the application is submitted sonned then in 9 months of entering Poland, or after August 24, 2024, the application will be left unrecognizen (meaning a permit will not be granted).
Of course, in order to obtain this new residence permit, it is necessary to prepare the application correctly and present all the necessary information and documents to the administrative authority.
Do you need legal assistance in legalizing your stay?
Feel free to contact us and take advantage of our services.