Important Update on the Legalization of Ukrainian Citizens' Stay in Poland: Introduction of CUKR

To take advantage of this simplified procedure, Ukrainian citizens must meet the following conditions:

• On March 4, 2024, they held UKR status;
• On the date of application for the residence card, they hold UKR status;
• They have held uninterrupted UKR status for at least 365 days.

Polish authorities will refuse to issue the card in the following situations:

• The Ukrainian citizen does not meet all the conditions mentioned above;
• The Ukrainian citizen's data is listed in the register of foreigners whose stay in the territory of the Republic of Poland is undesirable;
• The Ukrainian citizen's data is in the Schengen Information System for the purpose of refusing entry and stay;
• Defense or state security reasons or the protection of public safety and order require it;
• The Ukrainian citizen has not paid the fee for issuing the residence card;
• The Ukrainian citizen has not paid the stamp duty for granting a temporary residence permit.

This card will grant its holders full access to the labor market as well as the possibility of conducting business activities in Poland. It will be issued for a period of 3 years.

There will also be additional obligations and restrictions associated with the issuance of this card. A Ukrainian citizen who has been issued a residence card must notify the voivode who issued the card of any change of residence within 15 working days. If the Ukrainian citizen fails to fulfill the notification obligation, the voivode's letters in proceedings initiated against the Ukrainian citizen after the issuance of the residence card will be considered delivered to the previous address. Additionally, if the cardholder leaves Poland for a period longer than 6 months, this special permit will be revoked.

The application for the residence card will be submitted exclusively in electronic form using the online service provided by the Head of the Office for Foreigners on a dedicated form, which will be specified by the relevant regulation. The form template will be determined by the appropriate regulation of the Minister of the Interior and Administration, and the application will need to be signed with a qualified electronic signature or a trusted signature. Although the exact date of the introduction of the regulations has not been provided, updates on this matter are expected in the coming months.

Upon receipt of such a special residence card by a Ukrainian citizen, their right to legal stay in Poland, as referred to in Article 2(1), will automatically become a temporary residence permit valid until the end of the card's validity period. If the residence card is not collected within 60 days from the date the voivodeship office provides information about its availability for collection, the residence card will be invalidated.

However, there are also some drawbacks to be aware of. Upon issuance of the CUKR card, its beneficiary loses the rights associated with their UKR status. Unless the legislator decides to amend the regulations, obtaining the CUKR card will have negative effects, especially for Ukrainian students. The loss of temporary protection for students who have been studying for free at public universities under temporary protection and UKR status will mean they will have to pay fees if they have been studying full-time in Polish. The Polish legislator, in the catalog of non-Polish citizens listed in Article 324(2)(4) in conjunction with Article 79(1)(5) of the Law on Higher Education and Science, who can study for free in Polish at public universities, did not include the special residence card (residence permit referred to in Article 42r(1) of the special act). Additionally, after receiving the CUKR card, the person loses the right to free health care services under the special act on assistance to Ukrainian citizens and will need to have their own health insurance basis. However, if the person is employed, they will, of course, have insurance through their work in Poland.