Act enters into force to phase out assistance for Ukrainian citizens

On 5 March 2026, several provisions of the Act on assistance to citizens of Ukraine in connection with the armed conflict on the territory of that state and on amendments to certain other acts (the “Special Act”) were repealed by the Act of 23 January 2026 (the “Phasing Out Act”, Journal of Laws, item 203).

The Phasing Out Act repealed Articles 42(6) and 42(7) of the Special Act, which respectively extended until 4 March 2026 the deadlines for leaving Poland following a return decision issued under Articles 299(6) or 315(1) of the Act on Foreigners. It also repealed Article 42b of the Special Act, which allowed for the discontinuation of return proceedings against Ukrainian citizens (with certain exceptions related to state security, or the protection of public order and security). In addition, it repealed Article 42a(1) of the Special Act, which had enabled Ukrainian citizens not meeting the requirements for a residence permit to be granted a special temporary residence permit. Permits issued before 5 March 2026 remain valid.

The Phasing Out Act extended until 4 March 2027 the following:

• Periods of stay and validity of national visas issued to Ukrainian citizens under Article 42(3a) of the Special Act.
• Validity periods of temporary residence permits granted to Ukrainian citizens under Article 42(5a) of the Special Act.
• Validity periods of residence cards, Polish foreigner identity documents, and “tolerated stay” documents issued to Ukrainian citizens under Article 42(8) of the Special Act.
• Periods of legal stay of Ukrainian citizens who, after 24 February 2022, exhausted their permitted stay under a Schengen visa issued by Poland, a Schengen visa or long-term visa issued by another Schengen state, a residence document issued by another Schengen state, or under visa-free travel (Article 42(11) of the Special Act).
• The period during which authorities examining applications for temporary residence permits for business purposes are not required to apply the requirements concerning the scale or quality of business activity set out in Article 142(1)(3) of the Act on Foreigners, where the applicant is a Ukrainian citizen conducting business activity registered in the Central Register and Information on Economic Activity (Article 42(12a) of the Special Act). 

Finally, Article 45 of the Phasing-out Act replaces Articles 42(13) to (19) of the Special Act and allows Ukrainian citizens holding PESEL numbers with UKR status to apply for:

• Temporary residence and work permits.
• Temporary residence permits for highly qualified employment.
• Temporary residence permits for business activity under Article 142(1) or (3) of the Act on Foreigners.
• Temporary residence permits for family members of Polish citizens (e.g. spouses of Polish nationals) under Article 158(1) of the Act on Foreigners.
• Family reunification permits under Article 159(1) of the Act on Foreigners.