The Act of March 12, 2022 on assistance to citizens of Ukraine in connection with an armed conflict on the territory of this country was adopted in order to create a specific legal regulation providing an ad hoc legal basis for legal stay for Ukrainian citizens who, as a result of hostilities, were forced to leave their country of origin. The application of the Act so far, over two years, has brought experience indicating the need for another amendment, consisting in clarifying some of its provisions, changing some of the adopted solutions, and supplementing it with new regulations.
As the conflict in Ukraine continues, Poland has taken significant steps to extend and modify the assistance provided to Ukrainian refugees.
The recent amendments to the Act on Assistance to Ukrainian Citizens, passed on May 15, 2024, aim to address the evolving needs of refugees and streamline the support mechanisms.
Here’s a comprehensive look at the new changes and what they mean for Ukrainian citizens seeking refuge in Poland.
Key Amendments to the Legislation
Extended Protection Period
The new legislation extends the assistance for Ukrainian citizens fleeing the war until September 30, 2025. This extension aligns with the EU Council Implementing Decision (EU) 2022/382 of March 4, 2022.
The key change was to extend the period during which the stay in the territory of the Republic of Poland of Ukrainian citizens who arrived in connection with hostilities carried out on the territory of Ukraine is considered legal and the related access to health benefits, family and social benefits, benefits paid by ZUS and the possibility of staying in collective accommodation facilities.
The Act also introduced extending:
- The authorization period for municipal employees as volunteers for specific tasks,
- The temporary use of buildings for housing Ukrainian citizens,
- The validity period for various Ukrainian citizens’ visas, permits, and documents,
- The period for granting temporary residence permits to Ukrainians under specific conditions,
- The period for suspending proceedings to obligate Ukrainian citizens to return to Ukraine,
- The period for the health minister to assign professional numbers to doctors/dentists for providing services to Ukrainians,
- The suspension of deadlines for handling foreigners’ residence permit matters by the voivode.
The Act stated that if the EU extends protection to March 2026, the act includes provisions for an automatic extension of protection.
On June 14th 2024, the EU countries approved the extension of temporary protection for Ukrainians staying in the European Union until March 4, 2026.
Application Deadline Extensions
The amendments provide a four-month extension for submitting applications for the conditional right to practice as a doctor, dentist, nurse, or midwife. This also applies to the recognition of certificates for citizens from countries that have denounced mutual recognition agreements.
Transitioning from Temporary Protection to Temporary Residence
The stay of Ukrainian citizens with a PESEL UKR number will now be legal in Poland until March, 2026. Starting next year, refugees can change their status from temporary protection to temporary residence granted for 3 years.
To qualify for this status change, a Ukrainian citizen will have to:
- Complete and update all necessary data in the PESEL UKR database at the municipality office,
- Submit an electronic application to the voivode,
- Have had active UKR status on March 4, 2024, and on the application date,
- Ensure security services do not object to the status change.
Upon successful application, individuals will receive a residence card marked “previously held temporary protection.” Refugees will be able to apply for this change until March 2025.
Withdrawal of Certain Benefits
From July 1, the government will withdraw support for:
- Photography services,
- One-time payment of 300 PLN for “settlement”.
However, these benefits are not abolished but frozen, allowing easy reinstatement if the war situation worsens.
Changes in Private Housing Support
From July 31, support for providing housing and food for Ukrainian refugees in difficult situations will be possible only under agreements with the voivode or local government acting on the voivode’s order. The most controversial change is ending the 40 PLN compensation for private accommodation, due to increasing issues with this system.
The benefit provided till July 31 was extraordinary and has lost its original purpose over time. Initially, it was to compensate Polish citizens hosting Ukrainian war refugees with accommodation and meals when institutional care was scarce. Recently, the number of applicants has decreased, and with one-third of places available in collective accommodation facilities, it is assumed that refugees needing further support can now use these facilities.
Focused Refugee Support
Assistance will now concentrate in shared living centers financed under Article 12 of the aid act. New regulations ensure:
- Collective accommodation for at least 10 people or in public sector properties, with full-day catering,
- Operation of reception points,
- Transport related to accommodation or medical care,
- Other necessary actions approved by the relevant minister.
Support will continue for those at risk of social exclusion, such as:
- Disabled individuals,
- Elderly women (60+) and men (65+),
- Pregnant women or those with children under 12 months,
- Single caretakers of three or more children, with at least one under 14,
- Minors in foster care or without educational benefits,
- Individuals granted an exemption by the voivode due to difficult living conditions.
Inclusion of Additional Foreigners
The act now includes:
- Minor children of Ukrainian citizens,
- Minor children of spouses of Ukrainian citizens.
These groups can now access the assistance provided by the Aid Act.
Access to the Polish Labor Market
The Act proposed maintaining the current rules of access to the labor market for Ukrainian citizens. Every citizen of Ukraine will be able to register at the labor office as an unemployed person in order to look for a job. Training in Polish for doctors, nurses and midwives will also be maintained. The possibility of providing care for minor Ukrainian citizens by the Voluntary Labor Corps will also remain unchanged.
Changes are planned regarding the notification that must be submitted by an employer employing a Ukrainian citizen.
Changes to labor market access include:
- Reducing the employer notification period from 14 to 7 days for hiring Ukrainian citizens,
- Additional notifications for changes in employment terms,
- Employers must indicate minimum wage rates in notifications,
- Ukrainian citizens must inform their employer upon receiving a temporary residence and work permit.
Educational Benefits and New Provisions
Linking the 800+ benefit and “Good Start” program to compulsory education, Ukrainian children must attend a Polish educational system school to qualify. A child of a Ukrainian citizen for whom they apply for an educational benefit or a good start benefit must fulfill the obligation of one-year pre-school preparation, compulsory schooling or compulsory education. This condition will not apply to children who, due to age or postponement, do not fulfill these obligations.
The Social Insurance Institution must suspend benefits if school attendance is not confirmed.
Right to Practice Medicine
The extension until September 30, 2025, allows the health minister to assign practice rights to doctors and dentists with temporary registration who intend to provide health services to Ukrainian citizens. It also restores the ability for Ukrainian psychologists in Poland to offer services from July 1, 2024, to March, 2024.
Conclusion
These amendments represent a comprehensive approach to supporting Ukrainian refugees in Poland, ensuring they have the necessary legal, social, and economic resources to rebuild their lives. The extended protection period, streamlined processes for status changes, and focused support mechanisms aim to provide stability and security for those affected by the ongoing conflict. As the situation evolves, Poland remains committed to adapting its policies to meet the needs of Ukrainian citizens seeking refuge.
