Special law – Part 1
Who is covered by the provisions of the Act?
The Act applies only to citizens of Ukraine who came to the territory of the Republic of Poland directly from the territory of Ukraine in connection with military operations carried out on the territory of this country, and also to citizens of Ukraine who hold a Pole’s Card and who, together with their immediate family, came to the territory of the Republic of Poland because of these military operations.
In addition, the Act applies to the spouse of a Ukrainian citizen who is not a citizen of Ukraine, if he or she came to the territory of the Republic of Poland directly from the territory of Ukraine in connection with military operations conducted on the territory of this country.
Legality of residence
If a citizen of Ukraine to whom the Act applies has entered the territory of the Republic of Poland legally in the period from 24 February 2022 and declares his/her intention to stay in the territory of the Republic of Poland, his/her stay in the territory of the Republic of Poland shall be considered legal for 18 months counting from 24 February 2022.
Such a citizen of Ukraine shall be considered as a person enjoying temporary protection in the Republic of Poland within the meaning of Article 106(1) of the Act of 13 June 2003 on granting protection to foreigners within the territory of the Republic of Poland.
The departure of a citizen of Ukraine from the territory of the Republic of Poland for a period exceeding 1 month deprives him/her of the rights described above.
Lack of registration at the border
In case the entry of the Ukrainian citizen has not been registered by the commanding officer of the Border Guard post during border control, the Commander-in-Chief of the Border Guard registers the stay of the Ukrainian citizen on the territory of the Republic of Poland upon his/her application submitted no later than 60 days after entering the territory of the Republic of Poland.
The application shall be submitted to any executive body of a municipality in the territory of the Republic of Poland.
Granting a PESEL number
A citizen of Ukraine whose stay on the territory of the Republic of Poland is considered legal based on the Act, based on an application submitted to any executive body of a municipality on the territory of the Republic of Poland, shall be assigned a PESEL number.
The application shall be submitted in person at the seat of the municipal authority in writing.
On behalf of a person without legal capacity or with limited legal capacity applying for a PESEL number the application shall be submitted by one of the parents, a guardian, a curator, a temporary guardian or a person having actual custody of the child.
Confirmation of identity
The municipality authority confirms identity-based on a travel document, the Card of the Pole or another document with a photograph that allows establishing identity, and in the case of persons under 18 years of age, also a document confirming birth.
The identity may be confirmed based on an invalidated document if it makes it possible to establish a person’s identity.
Taking up employment
A citizen of Ukraine, to whom the Act applies, is entitled to perform work in the territory of the Republic of Poland if the entity that entrusts work to him/her notifies, within 14 days from the date of taking up employment by the Ukrainian citizen, the district labour office competent for the seat or place of residence of the entity about entrusting work to that citizen.
The notification is made via the ICT system praca.gov.pl.
Citizens of Ukraine, to whom the Act applies, may undertake and carry out economic activity in the territory of the Republic of Poland on the same principles as Polish citizens on the condition that they obtain a PESEL number.
A minor Ukrainian citizen who resides in the territory of the Republic of Poland unaccompanied by adults responsible for him/her shall be represented by a temporary guardian and shall take care of his/her person and property.
A temporary guardian shall be appointed by the guardianship court competent for the minor’s place of residence.
The proceedings for the appointment of a temporary guardian may be initiated upon request or ex officio.
The persons authorized to apply are:
- Border Guard;
- head of the commune, mayor, town president, head of district authority, voivodeship marshal;
- the Police;
- managers of organisational units of social assistance referred to in art. 6 item 5 of the Act of 12 March 2004 on social assistance;
- representatives of international organisations or non-governmental organisations assisting foreigners;
- a person exercising actual custody over a minor;
- a person who has taken actual custody of a minor after the minor entered the territory of the Republic of Poland and exercises this custody on the day of applying;
other persons or entities, within the scope of their tasks.
The court examines the case without delay, no later than within 3 days from the date the application is received by the court or the court receives information about the need to appoint a temporary guardian.