Special status of Polish citizens in Ukraine
On 16 September 2022, Law of Ukraine “On establishment of additional legal and social guarantees for citizens of the Republic of Poland staying on the territory of Ukraine” of 28 July 2022 No. 2471-IX (hereinafter referred to as the “Law”) came into force. The Law was adopted in response to the Law of 12 March 2022 on assistance to citizens of Ukraine in connection with the armed conflict in the territory of Ukraine adopted in Poland.
Following the principles of reciprocity and as an expression of gratitude to the Polish people for their solidarity and support for Ukraine, the Law aims at liberalising the conditions of stay of Polish citizens on the territory of Ukraine, as well as providing them with additional legal and social guarantees.
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The law establishes that citizens of the Republic of Poland, their spouses and children who entered Ukraine from the territory of the Republic of Poland for temporary residence, as well as their children born in Ukraine have the right to legally stay in the territory of Ukraine for 18 months from the day the law comes into force. The period of stay can be extended provided there are relevant supporting documents (enrolment in a higher education institution, move to the next academic year, conclusion of an employment contract, etc.). It is also stipulated that citizens of the Republic of Poland during their stay in Ukraine are entitled to:
1) employment without a work permit for foreigners and stateless persons;
2) state registration as taxpayers and obtaining a registration number of a taxpayer’s record card in accordance with the legislation of Ukraine;
3) social security, including the right to assistance in case of full, partial or temporary disability, loss of provider, unemployment due to circumstances beyond their control in accordance with the legislation and international treaties of Ukraine;
4) carrying out economic activity under the same conditions as citizens of Ukraine;
5) receiving education on the same conditions as citizens of Ukraine, including at the expense of the state or local budget
6) social payments (state assistance) according to the legislation of Ukraine;
7) receipt of assistance from the Fund for social protection of persons with disabilities on the same terms as the citizens of Ukraine;
8) free medical assistance in public and communal health institutions on the same conditions as those for citizens of Ukraine.
In addition, citizens of the Republic of Poland, having qualified as a doctor, nurse (medical brother), midwife (obstetrician) in the territory of the EU Member States, will be able to carry out professional activity in Ukraine for 18 months.
However, such professional medical activity may be performed by citizens of the Republic of Poland only in Ukrainian health care institutions.
The issuance of a temporary residence permit to citizens of the Republic of Poland arriving in Ukraine for the purpose of employment is also simplified, it will now be issued without obtaining a long-term visa (type “D”).