Residence of Ukrainian citizens based on the Act on assistance to Ukrainian citizens in connection with the armed conflict in the territory of Ukraine

The residence of Ukrainian citizens and their spouses who came to the territory of Poland as a result of the hostilities in the period from 24 February 2022 onwards is considered legal for 18 months under the law, which means that these persons do not have to take any measures to legalise their stay.

This does not apply to persons who hold a permanent residence permit, an EU long-term residence permit, a temporary residence permit, refugee status, a permit for tolerated stay, as well as persons who have applied (or notified their intention to apply) for international protection in Poland.

Residence of Ukrainian citizens who resided in Poland before 24 February 2022

The residence of Ukrainian citizens shall be extended until 31.12.2022 if:

  • They resided in Poland based on a national visa expiring after 24 February 2022
  • They resided in Poland based on a temporary residence permit expiring after 24 February 2022

The residence of Ukrainian citizens shall be extended by 18 months from 24 February 2022 in the case of:

  • Schengen visa,
  • visa-free regime,
  • documents entitling a person to stay issued by other Schengen countries (visas and residence permits),
  • a deadline for voluntary return specified in the decision, imposing an obligation on the foreigner to return
  • a period during which a person must leave the territory of the Republic of Poland in connection with the decision to refuse to extend a visa, to refuse to grant a residence permit, to terminate the proceedings in these cases, to withdraw a residence permit or a decision to terminate the procedure for granting international protection
  • documents confirming the identity of a foreigner issued to citizens of Ukraine (Residence Cards), Polish identity documents and “permission for tolerated stay” documents

- if their validity expires after 24 February 2022 and the residence began before 24 February 2022. The extension of validity of these documents does not form grounds for their replacement.

For more information on the legality of residence and work of the Ukrainian citizens, call the International Organization for Migration hotline, Monday through Friday from 9 a.m. to 5 p.m., under the number 22 490 20 44 or by email: migrantinfopl@iom.int

 

Notification of entrusting work to citizens of Ukraine

On 12 March 2022, the Act on assistance to Ukrainian citizens in connection with the armed conflict in the territory of Ukraine entered into force, thus introducing new solutions concerning taking up employment by Ukrainian citizens. Citizens of Ukraine who are legally residing in Poland may take up employment in Poland without the need for a work permit or a statement on entrusting work to a foreigner. This applies both to those Ukrainian citizens who came to Poland in connection with the hostilities in the period from 24 February 2022 onwards as well as those Ukrainian citizens who legally reside in Poland based on another residence title (e.g., visas, temporary residence permits, visa-free travel, documents issued by other Schengen countries). In this case, the work of Ukrainian citizens can be legalised on the basis of a notification of entrusting work to a Ukrainian citizen. Notification shall be made via praca.gov.pl ICT portal within 14 days from the day a Ukrainian citizen has taken up employment. Work shall be entrusted to a person at a working time not less than the one indicated in the notification or the number of hours not less than the one indicated in the notification and at a salary not less than the one established at the rate specified in the notification, proportionally increased if the working time or the number of working hours increase.

If you are not a citizen of Ukraine and/or not subject to temporary protection, then the regulations described below apply.

In order to work legally in Poland, a foreigner must have:

  • a residence title, authorising them to perform work, for example: a Schengen or national visa, visa-free travel, residence permit or a single permit for temporary residence and work. Note! A foreigner may not work if he/she stays in Poland on the basis of a visa whose purpose of issuance was marked with the symbol: “01” – tourist and “20” – use of temporary protection, or if he/she stays in Poland on the basis of a temporary residence permit due to circumstances requiring a short-term stay.
  • Work permit / seasonal work permit / statement on entrusting work to a foreigner entered in the register of statements / certificate on entry of the application for a seasonal work permit in the register of applications
  • employment contract or civil law contract in the required form (in writing). The foreigner’s work should take place under the conditions and position specified in a document legalising the work (e.g., work permit or temporary residence and work permit, statement on entrusting work to a foreigner, etc.)

A foreigner may take up employment without the need for additional documents (including a work permit) if such a person:

  • has a refugee status granted in Poland;
  • has been granted subsidiary protection in Poland;
  • has a permanent residence permit issued by the authorities of the Republic of Poland;
  • has a long-term EU resident permit issued by the authorities of the Republic of Poland;
  • has a residence permit for humanitarian reasons;
  • has a permit for tolerated stay in Poland;
  • enjoys temporary protection in Poland;
  • has a valid certificate issued by the Office for Foreigners at the request of a foreigner who seeks international protection;

is a citizen of a Member State of the European Union/EEA/Swiss Confederation or is accompanying a person in the territory of Poland as a member of his/her family.

Documents authorising a person to perform work in Poland:

Work permit

Work permit – a document legalising the work of a foreigner, issued at the request of the employer by the Provincial Office (competent for the registered office of the employer). Under a work permit, a foreigner can apply for a visa or can take up employment while staying in Poland on the basis of a residence permit allowing work to be performed.

The work permit can be issued for a maximum of 3 years and can be renewed. Work of a foreigner on the basis of a permit will be legal only if it is performed under the conditions and in the position indicated in the permit. Otherwise, it is required to obtain a new permit (exception – work of a different nature or in a different position than specified in the permit can be performed for periods not exceeding a total of 30 days in a calendar year, provided that the relevant Provincial Office is notified thereof within 7 days).

More information on types of work permits can be found on MIGRANTinfo.pl.

Seasonal work permit

Seasonal work permit – a document authorising you to take up employment in the field directly related to agriculture, forestry, hunting and fishing or catering and accommodation. It is issued by the head of the district authority having jurisdiction over the registered office or place of residence of the entity entrusting work to a foreigner for a period not exceeding 9 months from the date of first entry for the purpose of performing seasonal work .

Certificate of entry of the application for a seasonal work permit in the register of applications

Certificate of entry of the application for a seasonal work permit in the register of applications. In a situation where a foreigner will only seek entry into the territory of Poland for the purpose of performing seasonal work, the head of the district authority verifies the application and enters it in the register of applications for seasonal work or refuses to issue a seasonal work permit. On the basis of the entry of the application in the register, the head of the district authority issues a certificate of entry of the application in the register of applications for seasonal work. Based on this certificate, a foreigner can get a visa for the purpose of performing seasonal work or confirm the purpose of entry into the territory of the Republic of Poland, if he/she enters as part of the visa-free regime. After the foreigner’s arrival in Poland, the employer notifies the head of the district authority thereof and submits necessary documents, after which the head of the district authority issues a seasonal work permit.

Single temporary residence and work permit

Single temporary residence and work permit. If a foreigner intends to stay and work in Poland for more than 3 months, he/she may apply for a temporary residence and work permit at the Provincial Office having jurisdiction over his/her place of residence. Such a permit entitles a foreigner to both stay and work in Poland. It can be issued for a maximum of 3 years and cannot be renewed, so you must apply for a new temporary residence permit no later than on the last day of legal residence. Based on a positive decision to grant a temporary residence and work permit, a foreigner receives a Residence Card ex officio.

If in the validity period of the foreigner’s residence and work permit the employer has changed or the conditions for the provision of work, as indicated in the permit, have changed, the foreigner should apply for an amendment to the permit. If a foreigner loses his/her job, it is his/her duty to inform the Governor who issued the permit in writing within 15 working days after the termination of work.

Detailed information on the temporary residence and work permit as well as procedures for amending the temporary residence and work permit are available on the websites of the Provincial Offices.

Statement on entrusting work to a foreigner

Statement on entrusting work to a foreigner – a document legalising the work of foreigners, which can be obtained as part of a simplified procedure. Applies only to citizens of the Republic of Armenia, the Republic of Belarus, the Republic of Georgia, the Republic of Moldova and Ukraine). The statement on entrusting work to a foreigner allows a foreigner to work for the period indicated in the statement, but not longer than 24 months.

 

Institutions responsible for verifying documents authorising the employment of foreigners and for controlling the legality of employment

Institutions authorised to control the legality of employment of foreigners are:

  • National Labour Inspectorate (Article 10(1)(4) of the Act of 13 April 2007 on the National Labour Inspectorate),
  • Border Guard (Article 1(2)(13a) of the Act of 12 October 1990 on the Border Guard).

According to the Act on foreigners, control of the legality of the stay of foreigners in the territory of Poland is carried out by the Border Guard and the Police, as well as by customs and tax offices (Article 289(1) and (3) of the Act of 12 December 2013 on foreigners).

The Border Guard verifies the authenticity and validity of work authorisation documents during border control. If the documents fail to successfully undergo verification (e.g., they are forged, the document has been invalidated or bears traces of tampering by unauthorised persons), the Border Guard may refuse the entry of a foreigner into the territory of the Republic of Poland.

Consequences of illegal employment for employer and employee

Illegal performance of work – this means entrusting the performance of work to a foreigner who:

  • does not have a document entitling him/her to stay in the territory of Poland
  • resides on the basis of a document that excludes the performance of work
  • does not have an appropriate work permit while not being exempted under specific legislation from the obligation to have a work permit,
  • performs work under different conditions or in a different position than the one specified in the relevant work permit or temporary residence permit,
  • does not have an employment contract or a civil contract in the required form

According to Article 120 of the Act on the promotion of employment and labour institutions, an employer can be fined from PLN 1,000 to PLN 30,000 for illegally employing a foreigner. A foreigner who illegally performs work is also subject to a fine.

Consequences of illegal stay

The residence of a foreigner is considered illegal when it does not comply with the regulations on the conditions of entry of foreigners into the territory of the Republic of Poland and their stay therein, in particular in cases where a foreigner:

  • does not have a valid visa or other valid document authorising him/her to enter and stay in the territory of the Republic of Poland,
  • did not leave the territory of the Republic of Poland after the permitted period of stay has expired,
  • illegally crossed or attempted to illegally cross the border,
  • illegally performs or performed work,
  • undertook business activity in contravention of applicable regulations,
  • does not have sufficient financial resources to stay in the territory of the Republic of Poland,
  • has been assigned an alert for refusal of entry in the SIS or national list.

In the case of illegal stay of a foreigner in the territory of the Republic of Poland, an administrative procedure is initiated to oblige the foreigner to return, which is initiated and conducted by the commander of the Border Guard post or the commander of the Border Guard regional unit.

A period of prohibition of re-entry into the territory of the Republic of Poland and other Schengen area countries is indicated in the decision on the obligation to return issued to a foreigner. This period can range from 6 months to 5 years, depending on the circumstances that gave rise to the decision.

More information to be found on the Border Guard and MIGRANTinfo.pl websites.