Temporary residence permits for Ukrainian citizens under temporary protection

Starting from April 1, 2023, citizens of Ukraine who have a PESEL number with the status of UKR will be able to apply for a temporary residence permit for the purpose of work or business. This decision is optional and is aimed at people who feel confident in the Polish labor market and want to stop using temporary protection.

The new rules apply to residence permits related to the main forms of economic activity, namely

• temporary residence permits and work permits;
• temporary residence permits for the purpose of highly qualified employment;
• temporary residence permit for the purpose of entrepreneurial activity.

In order to obtain one of the above-mentioned residence permits, a Ukrainian citizen must meet the requirements set forth in the provisions of the Law on Foreigners.

Who can apply for a residence permit?

An application for a residence permit may be submitted by a citizen of Ukraine who:

• resides in Poland and has a PESEL number with a UKR mark,
• works or conducts business in Poland, e.g. on the basis of a CEIDG record.

It is not mandatory to apply for these residence permits. Citizens of Ukraine who arrived in Poland as of February 24, 2022 and do not take advantage of this decision will still be able to legally stay in the country on the basis of temporary protection. Based on the EU Council’s decision to introduce temporary protection, it is highly likely that the period of stay, which is considered legal and currently expires on August 24 this year, will be extended accordingly until at least March 4, 2024.

How to apply?

It is best to fill in the application for a temporary residence permit using the electronic form on the website mos.cudzoziemcy.gov.pl – this will avoid mistakes in the application and allow you to send the data directly to the system.

After completing the application, it should be printed out, signed by hand, filled in with a signature sample, attached with the necessary attachments, and sent by mail or in another way to the voivodeship office competent for the place of residence of the Ukrainian citizen.

The list of voivodeship offices can be found here. In order to speed up the consideration of your case, we advise you to mark the envelope with the application with the wording “UKR”.

If you have any questions about the procedure, please contact the Foreigners’ Department at the relevant Voivodeship Office.

Required documents to be attached to the application

The completed and personally signed application for a temporary residence permit in Poland must be accompanied by

• 4 recent photographs that meet the specified criteria;
• a photocopy of a valid travel document – in a particularly justified case, if the foreigner does not have a valid travel document and it is not possible to obtain it, he/she may present another document proving his/her identity without any doubt
• proof of payment of stamp duty (see below for information on fees);
• mandatory attachments to the application, depending on the type of permit applied for:

1. in the case of an application for a temporary residence and work permit (general permit):

– Appendix No. 1 to the application for a temporary residence permit, fully filled in by the employer and signed by a person authorized to represent the employer – under the threat of leaving the application without consideration. It should be remembered that the terms of the work assignment specified in Appendix No. 1 must be valid on the day the permit is issued and must comply with the terms arising from other documents, for example, an employment contract. Annex No. 1 is the basis for determining whether the foreigner has a purpose of staying in Poland for more than 3 months, income from work in the required amount and health insurance (in the case of an employment contract and a contract of mandate);

2. in case of applying for a temporary residence permit for the purpose of performing highly skilled work:

– Appendix No. 1 to the application for a temporary residence permit, fully filled in by the employer and signed by a person authorized to represent the employer – under the threat of leaving the application without consideration. It should be remembered that the terms of the work assignment specified in Annex No. 1 must be valid on the day the permit is issued and must comply with the terms arising from other documents, for example, an employment contract;

– Appendix No. 2 to the application for a temporary residence permit for the purpose of performing highly skilled work, filled in by a foreigner in full – under the threat of leaving the application without consideration;

3. in case of submitting an application for a temporary residence permit for the purpose of conducting entrepreneurial activity:

– Appendix No. 1 to the application for a temporary residence permit if the foreigner applies for a temporary residence permit for the purpose of performing work by performing functions in the management board of a limited liability company or joint stock company that he/she established or whose shares he/she accepted or acquired, or managing the affairs of a limited partnership or limited joint stock company by a general partner, or as a trustee.

The absence of the aforementioned documents will significantly extend the duration of the case consideration – the department considering the application will be forced to summon the foreigner to eliminate formal deficiencies. Before sending the application, carefully check whether all the required documents have been attached to the application.

Other documents must also be attached to the application, depending on the type of permit requested. A detailed list of required documents is provided on the following pages:

• for an application for a temporary residence and work permit (general permit),
• for an application for a temporary residence permit for the purpose of highly skilled employment,
• for an application for a temporary residence permit for the purpose of conducting business.

Fees

For submitting an application for a temporary residence permit in Poland, a stamp duty is charged, which is paid to local self-government authorities (tax authority – voivode, village head, city president), in the amount of

• 440 PLN – temporary residence and work permit, temporary residence permit for the purpose of highly qualified employment;
• PLN 340 – temporary residence permit for the purpose of conducting business;
• In addition, if an attorney-in-fact is appointed in the case, an additional stamp duty of PLN 17 is charged. The fee is not paid if the trustee is the spouse, ascendant, descendant or sibling of the foreigner.

The fee for issuing a residence permit (plastic) is PLN 100 and is paid to the voivode.

What’s next?

You should receive a response from the voivodeship office processing your application. If the application contains errors or omissions, the Voivodeship Office will contact you to correct or complete the application.

Important information

• Before filling in the application, we recommend that you familiarize yourself with the detailed information at the link: mos.cudzoziemcy.gov.pl.
• The granting of a temporary residence permit will lead to the termination of temporary protection and the provisions of the Act on Assistance to Citizens of Ukraine in connection with the Armed Conflict on the Territory of this State.
• Persons who have not applied for a temporary residence permit in Poland may continue to legally stay in the country under temporary protection and enjoy special forms of support.
• It is allowed to fill in the application by hand outside the electronic form, but in order to streamline and speed up the proceedings (to avoid mistakes), it is recommended to use the portal mos.cudzoziemcy.gov.pl.
• It is not necessary to appear in person at the voivodeship office to have your fingerprints taken – they will be taken by the voivodeship office from the PESEL register.

Source: (translated from) https://www.gov.pl/web/udsc/zezwolenia-na-pobyt-dla-obywateli-ukrainy-objetych-ochrona-czasowa