On 24 February, Russia launched a full-scale invasion of Ukraine. UN Secretary-General Antonio Guterres summed it up this way:
This is the saddest moment of my tenure as Secretary-General of the United Nations. I began the Security Council meeting by turning to President Putin and telling him from the bottom of my heart: "Stop the offensive of your troops into Ukraine, give peace a chance, because too many people have died„.
Unfortunately, to date, the conflict has continued. Many people - including entire families - are trying to find a safe haven abroad, including in Poland. With today's article on the legalisation of residence and work of foreigners in Poland, we will try to help those trying to find their way in the new reality.
We look forward to reading!
Legalisation of residence and work of foreigners in Poland - amendment of regulations
As of 1 July 2022, new legislation on assistance to Ukrainian citizens came into force. In accordance with this law, the following was introduced:
- possibility of folding applications for cash benefits for providing accommodation i catering citizens of Ukraine who do not have a PESEL number and
- many other changes concerning legal residence of Ukrainian nationals on the territory of Poland.
Departure from Poland and its consequences
The amended law also includes provisions clarifying the consequences of departure from Poland for more than 1 month by persons covered by the Law on Assistance to Ukrainian Citizens. UKR" status is assigned to the assigned PESEL number. It is automatically changed to status "NUE"when the Commander-in-Chief of the Border Guard (hereinafter: KGSG) provides information on the departure of a foreigner covered by the Act for more than 1 month. This is the status of a foreign national who is neither a citizen of a Member State of the European Union nor a family member of an EU citizen ('NUE' status for short).
Attention!
UKR status can be restored if the stay outside Poland did not last longer than 1 month.
Change in foreigner's status
The legislation also provides for the possibility of re-granting UKR status if the departure from Poland lasted longer than one month. When will this be possible?
Above all, when a foreigner arrives on the territory of the Republic of Poland from the territory of Ukraine in connection with military operations. However, such an entry must be documented or registered in the register of Ukrainian citizens, which is kept by the KGSG.
What if a foreigner wanted to benefit from this protection in another EU state (i.e. in the Schengen area)?
In this case, a change of status can take place on the basis of a declaration of departure for a period of more than one month. Obviously, this should be submitted by the person to whom the PESEL number has been assigned or the person representing him/her. This declaration should contain basic information such as name and surname, PESEL number, etc. If this entry has taken place across the Polish border, which is the external border of the Schengen area, the re-establishment of UKR status is automatic.
Most importantly, it also follows from the provisions of the Act, that this provision will not apply to persons directed to perform work or services outside the borders of the Republic of Poland for a period exceeding 1 month. Data on the departure of a person covered by the Act for a period exceeding 1 month will be provided by the KGSG to the Social Insurance Institution determining the right to benefits of the foreigner.
Read also: Posting of workers abroad in 2022 and the situation of Ukrainians
Legalisation of residence and work of foreigners in Poland - work of a Ukrainian citizen
The latest amendment to the law introduces two very important requirements. All in order to make the work of Ukrainian citizens legally residing in Poland also legal. Of course, both conditions must be met together.
Firstly, The employer must necessarily notifyć District Employment Office (PUP for short) about the employment of a Ukrainian citizen. First of all, such work must not exceed a certain framework. The Ukrainian citizen must performlabor at a work rate not less than that specified in the notification and at a salary not less than that set at the rate specified in the notification.
The above regulations have been "strengthened" the requirement to include the information indicated above in the notification. Above all, the employer should include in the notification to the PUP information on:
- remuneration set at a monthly or hourly rate and
- working hours or the number of working hours per week or month.
For notifications submitted before the date of entry into force of the aforementioned Act, the previous provisions shall apply.
Cash benefit vs. provision of accommodation
The amended law also includes a time limit for applying for the accommodation cash benefit of a Ukrainian citizen. The deadline for submitting the application is one month from the last day of the period covered by the application. Submission of an application after the deadline will result in it being left unprocessed. On the other hand, applications covering the period up to the date of entry into force of the Amending Act must be submitted by 31 July 2022. On the other hand, applications covering the period before 30 April 2022 may be submitted within 14 days of the date of entry into force of the amending act (i.e. until 15 July 2022).
Visas out of turn?
The amended Act grants the Minister in charge of foreign affairs the authority to determine the professions, types of contracts or types of activities of entities entrusting work to foreigners whose applications for work visas may be accepted out of turn. Another possibility given to the Minister responsible for foreign affairs is the question of determining the countries from which applications for work visas will be accepted out of turn. This could be the case for applications from persons from Ukraine.
Read also: Assistance to Ukrainians in the UK. Legalisation of residence. Accommodation
Legalization of stay and work of foreigners in Poland - summoning a foreigner to submit explanations by ZUS
The Social Insurance Institution (ZUS) and other benefit authorities have been empowered to summon persons to appear in person at the seat of the authority to give an explanation if they are applying for or receiving benefits. This is a very important change defining the powers of the Social Insurance Institution and the obligations of Ukrainian citizens.
The legislation has set a permissible time limit for such a call for 3 days. As a result of failure to appear on time, the consequence is that such an application is left unprocessed (in the case of benefit claimants) or withheld (in the case of those already receiving benefits).
Free Polish language training
One of the most important changes introduced by the Amendment Act is the issue of granting the right to free education in the Polish language. This right is granted to persons subject to compulsory education who are not citizens of the Republic of Poland and who do not know Polish or know it to an insufficient degree to benefit from the education. Such right is granted for a maximum period of 24 months.
The Minister competent for labour may also subsidise from the Labour Fund the costs of Polish language training for Ukrainian nationals holding a doctor's and dentist's diploma at the request of the district chamber of doctors and nurses and midwives at the request of the district chamber of nurses and midwives.
You have doubts or are not sure what documents required to obtain a temporary residence permit? Or would you like to discuss to meet the requirements related to changes and new regulations concerning the employment of foreigners? We are at your service from Monday to Friday from 9.00 a.m. to 5.00 p.m. Tel.
