Temporary Protection for Ukrainians in Poland: Rights and Opportunities

Introduction

Since the beginning of Russia's full-scale invasion of Ukraine, millions of Ukrainians have been forced to leave their homes, seeking refuge in neighboring countries. Poland, as the closest neighbor, has become one of the main destinations for Ukrainian refugees. To ensure their legal security and integration, the European Union introduced the temporary protection mechanism, which is actively applied in Poland. This article will detail the rights and opportunities that temporary protection offers to Ukrainians in Poland, as well as important aspects related to document legalization.

What is Temporary Protection and Who is Eligible?

Temporary protection is a special legal status introduced by Council Directive 2001/55/EC, which is granted to nationals of third countries or stateless persons who were forced to leave their country as a result of armed conflict, natural disaster, or other circumstances that massively disrupt public order. For Ukrainians who arrived in Poland after February 24, 2022, this status is granted based on the Act of March 12, 2022, on assistance to citizens of Ukraine in connection with the armed conflict on the territory of that state (Ustawa z dnia 12 marca 2022 r. o pomocy obywatelom Ukrainy w związku z konfliktem zbrojnym na terytorium tego państwa).

Eligibility for temporary protection includes:

• Citizens of Ukraine who arrived in Poland after February 24, 2022.
• Family members of Ukrainian citizens who resided in Ukraine before February 24, 2022 (including spouses, minor children, parents of minor children, as well as other family members who lived together and were dependent).
• Stateless persons and nationals of third countries who legally resided in Ukraine before February 24, 2022, and cannot safely return to their country of origin.

The temporary protection status is granted for 18 months, with the possibility of extension.

Rights and Opportunities Provided by Temporary Protection

Obtaining temporary protection status in Poland opens up a range of important rights and opportunities for Ukrainians, which significantly facilitate adaptation and integration into the new country.

Access to the Labor Market

One of the most significant rights is the ability to work legally. Ukrainian citizens with temporary protection status have the right to work in Poland without needing a work permit. This greatly simplifies the job search process and allows Ukrainians to support themselves and their families. Employers hiring Ukrainian citizens with temporary protection status are obliged to notify the relevant district employment office within 14 days of the start of employment (according to Article 22 of the Act on Assistance to Citizens of Ukraine).

Access to Education

Children and young people with temporary protection status have the right to access the Polish education system. This includes preschool education, general secondary education, and vocational training. Polish schools and educational institutions are obliged to ensure that Ukrainian children have access to education adapted to their needs, including language support.

Access to Healthcare Services

Individuals with temporary protection status have the right to access the healthcare system under the same conditions as Polish citizens. This means the ability to consult doctors, receive medical care, and use the services of the National Health Fund (Narodowy Fundusz Zdrowia).

Social Assistance and Financial Support

Ukrainians under temporary protection may be eligible for certain types of social assistance and financial support from the Polish state. This may include child benefits (e.g., the "Family 500+" program), childcare benefits, and other forms of social support provided by Polish law. It is important to contact local social welfare authorities for detailed information.

Access to Housing

While the state does not always provide free housing, individuals with temporary protection status have the right to assistance in finding accommodation. This may include temporary accommodation in refugee centers, as well as support with renting housing. It is important to contact local authorities and NGOs that provide assistance to refugees.

Document Legalization and Bureaucratic Procedures

For full integration and realization of their rights, Ukrainians may need to legalize documents issued in Ukraine for their use in Poland. This is particularly relevant for documents proving identity, marital status, education, ownership, etc.

Document Translation

Most official documents issued in Ukrainian will require a sworn translation (tłumaczenie przysięgłe) into Polish. Such a translation can only be performed by a certified sworn translator registered with the Polish Ministry of Justice. This ensures the legal validity of the translation.

Notarization

In some cases, in addition to translation, notarization of a document copy or the translation itself may be required. This is done to confirm the authenticity of the document or its copy.

Apostille 

For documents that are to be used in Poland but were issued in Ukraine, an apostille may be required. An apostille is a simplified form of legalization for countries that are parties to the Hague Convention of 1961. Ukraine and Poland are parties to this convention, so for most documents, obtaining an apostille is sufficient. If a document is not eligible for an apostille, full consular legalization, which is a more complex procedure, may be necessary.

It is important to find out in advance what specific document legalization requirements apply to your case by contacting the institution that requires the document or consulting with legal advisors.

Importance of PESEL UKR

To gain access to many rights and services, Ukrainian citizens with temporary protection status must obtain a PESEL number with the UKR status. PESEL is a national identification number in Poland. Obtaining PESEL UKR allows Ukrainians to access medical services, social assistance, register their place of residence, and gain access to the labor market.

The procedure for obtaining PESEL UKR is relatively simple and is carried out at the relevant municipal office (local administration) at your place of residence in Poland. You need to provide an identity document (passport) and fill out the appropriate application.

Conclusion

Temporary protection in Poland grants Ukrainians important rights and opportunities for safe living, employment, education, and access to medical care. Understanding these rights and procedures, as well as proper document legalization, are key to successful adaptation and integration into Polish society. It is important to remember the necessity of obtaining a PESEL UKR number, which is the key to many benefits. Remember that legislation can change, so it is always worth following the latest information on official resources.