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Poland: Further Epidemic and Ukraine Updates | Tafapolsky & Smith LLP

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13 Jul 2023

Poland

Poland: Further Epidemic and Ukraine Updates

Extension of Immigration Documents Based on COVID Regulations to End on July 31, 2023

The epidemic state in Poland (connected to COVID) will end on July 31, 2023. This means that the automatic extension of immigration documents that was previously permitted will end on July 31, 2023.

Stay of Ukrainian Citizens in Poland Officially Extended until March 4, 2024/August 31, 2024

The Polish Senate has adopted another amendment to the Special Bill on help to citizens of Ukraine. These changes became effective on June 27, 2023.

The amendment extends the right for Ukrainian citizens to stay in Poland in the following situations:

  • Temporary protection in Poland for Ukrainians fleeing the war extended automatically until March 4, 2024
  • School children and parents benefit from legal stay in Poland as Ukrainian refugees until August 31, 2024 (in some cases, until September 30, 2024)
  • National visas and temporary residence permits held by Ukrainians will be automatically extended until March 4, 2024. This applies to documents that would normally be valid until at least February 24, 2022. Note that this extension based on the Special Bill will extend an individual’s stay in Poland but does not allow for crossing the Polish border to another country.
  • The stay of Ukrainian citizens residing in Poland based on Polish Schengen visas, visas or residence permits issued by other Schengen states or visa-free regimes, will be extended until March 4, 2024. Ukrainians who benefit from this extension of stay can perform work based on an employer filing a notification to the Labour Office regarding the start of employment by a Ukrainian citizen. Note that this extended stay does not give a right to work in Poland based on a Work Permit or Special Permission. Work based on these documents is only for Ukrainian citizens where there has been a timely submission of a Residence Permit application for extension of legal stay in Poland.

 Extension of Modifications in Obtaining Residence Permits by Ukrainians

Several special provisions for obtaining Residence Permits by Ukrainian citizens will be extended due to this amendment to the Special Bill:

  • Until March 4, 2024, Ukrainian citizens will be issued a temporary residence permit for one year, providing protection against receipt of a negative decision. If individuals meet the criteria for a Blue Card, Ukrainian nationals will continue to receive a Residence Permit that corresponds to the submitted application.
  • Ukrainian solo entrepreneurs in Poland will benefit from a simplification of the process for obtaining a Residence Permit until March 4, 2024. This group of applicants will not have to prove that their company has enough income/employees or means to achieve those criteria in the future. This simplification will not apply to Ukrainians who run a business in Poland that is established as a limited liability company.
  • The suspension of deadlines for processing of cases concerning residence permits for foreigners will be extended until March 4, 2024.

Confirming Polish Language Skill Level for EU Long-Term Residence Permits

Beginning June 24, 2023, additional types of documents became acceptable to confirm Polish language skill level for purposes of obtaining an EU Long-term Residence Permit. Polish language skills on at least the B1 level can now be confirmed by certificates from private examination organizations (i.e., ECL, TELC) or certificates from Polish universities on passing internal language exams. This applies to new and pending EU Long-term Residence Permit applications.

For more information on this alert, please reach out to the T&S EMEA team at EMEA@tandslaw.com.

 

 

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The content above is provided for informational purposes only. It should not be construed as legal advice on any subject matter. Use of this information does not create an attorney-client relationship. 

Key Contacts

Lisa Atkins

partner

Michael Alcorta

Senior Counsel

Louise Law

EMEA Immigration Manager

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