Changes to the rules governing the residence and employment of Ukrainian citizens in Poland

At a glance

• New regulations governing the residence, work and business rights of Ukrainian citizens in Poland came into force on 5 March 2026, introducing a more structured model of temporary protection.
• The changes go beyond further amendments to the Ukrainian Special Act and include systemic updates to key migration legislation, with particular relevance for employers.
• A formal definition of a beneficiary of temporary protection has been introduced, alongside clearer rules on eligibility, loss of status and identity verification.
• Temporary protection is aligned with the current EU Council decision and is valid until 4 March 2027, with any future extensions applying automatically in Poland.
• Ukrainian citizens without temporary protection status are subject to tighter rules on employment and business activity, with transitional measures applying until 5 March 2029.

New regulations governing the immigration status and scope of rights of Ukrainian citizens residing in Poland came into force on 5 March 2026. These changes are wide‑ranging and extend beyond a further amendment to the so‑called Ukrainian Special Act. They also introduce significant systemic amendments to key pieces of migration legislation, particularly those affecting employers who hire foreign nationals.

The aim of the regulations is to streamline the existing regulations and create a more coherent and transparent model of temporary protection. However, some of the new solutions attract interpretative doubts and may give rise to significant practical challenges for both foreigners and employers.

The most important changes are outlined below.

Beneficiaries of temporary protection

The new regulations introduce a formal definition of a beneficiary of temporary protection. A beneficiary is defined as a person belonging to the group of displaced persons covered by a decision of the Council of the European Union establishing a mass influx of refugees. The definition also extends to a child born in Poland who has at least one parent with beneficiary status, provided that the child is neither a Polish citizen nor a citizen of another EU Member State.

In Poland, temporary protection status is granted to the following categories of individuals:

• Individuals holding a Universal Electronic System for Registration of the Population (PESEL) number with special status attached to a PESEL number that confirms a Ukrainian citizen is registered in Poland as a beneficiary of temporary protection (UKR) whose identity has been confirmed on the basis of a valid travel document. These individuals acquired beneficiary status automatically on the date the new regulations entered into force.
• Individuals holding a PESEL number with UKR status granted on the basis of a declaration, where identity has not yet been confirmed by a valid travel document. For this group, continued temporary protection is conditional on appearing in person at a local authority office to confirm identity using a valid travel document by no later than 31 August 2026. Failure to meet this requirement will result in the loss of temporary protection status and, consequently, the associated protections.

Under the current decision of the Council of the European Union, temporary protection remains in force until 4 March 2027. Any further extensions adopted by the Council will apply automatically to beneficiaries of temporary protection in Poland, without the need for amendments to national legislation.

Any subsequent extensions of this deadline by the Council will automatically apply to people who have temporary protection status in Poland, without the need to amend national legislation.

Key information regarding temporary protection status

• Beneficiaries of temporary protection who enter Poland after 5 March 2026 must submit the relevant application at any local authority office within 30 days of crossing the border in order to obtain a PESEL number with UKR status.
• As a general rule, leaving Polish territory for a period exceeding 30 days, irrespective of the purpose of travel, results in the loss of temporary protection status.
• Beneficiaries of temporary protection may continue to use the simplified procedure for legalising employment. Polish employers are required to notify the relevant district labour office within seven days of the foreign national commencing work. In practice, both the notification process and the applicable forms remain unchanged from those introduced under the so‑called Ukrainian Special Act.
• Beneficiaries of temporary protection are entitled to establish and conduct business activities in Poland on the same terms as Polish citizens.

Ukrainian citizens without temporary status residing in Poland

It should be noted that a significant number of Ukrainian citizens residing in Poland entered the country prior to the outbreak of hostilities in Ukraine and are not granted beneficiary status under the current amendment. Until now, these individuals have benefited from certain protections under the so‑called Ukrainian Special Act, in particular automatic extensions of visas and residence cards, as well as access to a simplified employment legalisation process based on a notification system.

The new regulations, however, introduce significant changes affecting this group of foreign nationals. The most important of these include the following measures:

• Where the expiry date of a visa, temporary residence permit or other residence document issued by Poland or another Schengen Area state, or the end of a permitted visa‑free stay, falls after 24 February 2022, the individual’s stay in Poland is deemed lawful until 4 March 2027.
• These people can continue to conduct business activity which was established before 5 March 2026.
• Individuals may establish a new business activity only in accordance with the general rules applicable to non‑EU nationals, as well as nationals of the European Economic Area, the United States and Switzerland. In practice, this means that operating a sole proprietorship may no longer be possible for most of them.
• The ability to submit new notifications for the employment of Ukrainian citizens who do not hold temporary protection status has been temporarily restricted. This option will remain available for a period of three years from the date the new regulations entered into force, ie until 5 March 2029. After that date, employment will need to be legalised under the general rules, including by way of a declaration of employment.
• Notifications on entrusting work to Ukrainian citizens without temporary protection status that were submitted by 5 March 2026 remain valid, and the individuals concerned may continue working under the terms set out in those notifications.

Below is a table summarising the key information from the new regulations, broken down by specific groups of Ukrainian citizens currently residing in Poland, as well as areas requiring particular attention for both them and the entities working with them.