Did you know that Ukrainian citizens can legally reside, work, operate a business, and even access social benefits in Poland? While many administrative procedures have been simplified, certain formal requirements must still be met in specific cases. This article outlines who may exercise these rights and under what conditions.
What is the Special Act and who does it apply to?
The Act of 12 March 2022 on Assistance to Citizens of Ukraine in Connection with the Armed Conflict on the Territory of That State (the “Special Act”) regulates the rules governing the residence and employment of Ukrainian nationals who arrived in Poland due to the Russian Federation’s aggression against Ukraine.
Beneficiaries of the Special Act include: – Ukrainian citizens who arrived in Poland directly from Ukraine on or after 24 February 2022 due to hostilities, provided they do not hold Polish citizenship; – their spouses who do not hold Ukrainian citizenship; – children born in Poland to Ukrainian mothers who arrived in Poland after 24 February 2022; – holders of a Pole’s Card who left Ukraine on or after 24 February 2022 due to the war and arrived in Poland, as well as their immediate family members.
Stay under the Special Act is deemed lawful by operation of law. This means there is no need for an administrative decision, provided the purpose of the stay is to benefit from temporary protection due to the war in Ukraine.
Who is not covered by the Special Act?
The Special Act does not apply to Ukrainian citizens who: – hold a permanent residence permit, temporary residence permit, EU long-term resident status, refugee status, subsidiary protection, tolerated stay, or humanitarian stay; – have applied for international protection in Poland or on whose behalf such an application has been submitted; – have declared an intention to apply for international protection in Poland; – benefit from temporary protection in another EU Member State due to the war in Ukraine.
Key dates
The provisions of the Special Act remain in force until 30 September 2025, with a likely extension to 4 March 2026 in line with EU Council Implementing Decision (EU) 2024/1836.
Leaving Poland for more than 30 days may result in the loss of rights granted under the Special Act.
Scope of entitlements
A Ukrainian national lawfully residing in Poland under the Special Act: – may work in Poland, provided that the employer notifies the relevant labour office within 7 days of the employment commencement date and complies with applicable employment and remuneration regulations; – may operate a business in Poland on the same terms as Polish citizens, provided they have a PESEL number; – may register as unemployed or as a jobseeker; – may receive certain benefits (e.g. family benefits, the “800+” allowance) on the same basis as Polish citizens; – is entitled to public healthcare.
Important: Rights to benefits are subject to verification
The entitlement to specific benefits may be reviewed by public authorities, which are authorised to access data from the register maintained by the Chief Commander of the Border Guard, including information on entry and exit dates.
Authorities must take into account that the legal basis for granting benefits under the Special Act is lawful stay, not necessarily a corresponding annotation in the Border Guard’s register.
Case study: The Social Insurance Institution (ZUS) revoked a Ukrainian national’s child benefit, citing a lack of confirmation of legal stay in the Border Guard’s register. However, the individual had not left Poland for more than 30 days and retained the UKR status. Their stay was evidenced by passport stamps and named airline tickets. In this case, the decision was flawed and should have been reversed, as the authority relied solely on registry data, ignoring other key evidence.
Overlap of Polish and Ukrainian benefits
If a Ukrainian citizen receives a benefit under Ukrainian law, they will most likely not be eligible for the corresponding benefit under Polish law.
Case study: A Ukrainian mother residing in Poland under the Special Act applied for a carer’s allowance for her disabled son. The authority found she was already receiving a similar benefit in Ukraine and denied the Polish allowance. This decision was correct, as the Special Act prohibits receiving equivalent benefits from both countries concurrently.
PESEL-UKR number
Holding a PESEL-UKR number serves as official confirmation of a Ukrainian citizen’s right to stay in Poland under the Special Act and is essential for accessing certain entitlements. The application for this number should be submitted promptly upon arrival at the office of the municipal authority (mayor or city president) in any Polish municipality.
Need professional legal assistance?
Are you a Ukrainian citizen or an employer planning to hire one? Do you have questions about residence or employment legality? Need support in administrative proceedings?
Contact us at: office@halasiwspolnicy.pl
This article is intended as an informational overview and reflects the legal status as of 16 June 2025. The case studies are based on actual matters pending before administrative authorities. This article does not constitute legal advice.