Guide part 1 – how to hire a citizen of Ukraine? Regularisation of stay

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1 March 2022

Want to hire a Ukrainian citizen? Their stay and work in Poland must be regularised. Regularisation of work lies with the employer. Regularisation of stay – with the foreigner.

An employer who has selected a job candidate may apply for him or her for:

1. a declaration of employment (up to 24 months);
2. a work permit (up to 3 years).

Regularisation of stay – step by step

Foreigners are obliged to regularise their stay in Poland on the basis of a declaration of employment or work permit.

A CITIZEN OF UKRAINE CAN LEGALLY STAY AND WORK IN POLAND IN PARTICULAR ON THE BASIS OF:

•  its holder may enter Poland for a short-term stay (i.e. up to 90 days in any 180-day period counted backwards);
• its holder is entitled to cross the Polish border without a valid visa multiple times – however, they are not exempt from the obligation to legalise their work, i.e. to have the required declaration of employment or work permit;
• the foreigner must justify the trip and provide the arrangement of the planned stay in Poland (e.g. present a declaration of employment).

From 25 February 2022, the Border Guard no longer requires Ukrainian citizens to present documents other than a biometric passport when crossing the Polish border and allows them to cross the border on the basis of another document proving their identity.

• its holder may enter Poland for a short-term stay (i.e. up to 90 days in any 180-day period counted backwards);
• it is issued to foreigners who intend to stay in Poland or in Schengen countries (during one or several entries);
• this period is counted from the date of first entry;
• this visa is also issued to foreigners who plan to travel within the Schengen area for transit purposes (by train, car or other means of transport).

•  its holder is allowed to enter and to stay continuously or for several successive periods of more than 90 days in total;
• its holder is also allowed to move within the territory of other Schengen countries for up to 90 days within 180 days during the visa validity period;
• the validity period of a national visa type D may not exceed 1 year (note! its validity period is not extended by the fact that the foreigner has a document legalising work issued for more than 1 year);
• it is issued for a specific purpose of stay; for people who intend to work, it will be visa number 05A (workers holding a declaration of employment), 05B (seasonal workers) or 06 (workers holding a work permit).

Example:
Maria from Ukraine stays in Poland and works as a shop assistant. She is employed on the basis of a declaration of employment issued for 24 months from 1 March 2022 to 1 March 2024. Her visa will expire on 1 March 2023. Although Maria will continue to have a valid document legalising her work, she is required to apply for an extension of her national visa before 1 March 2023 or to apply for a residence and work permit (so-called single permit) in order to obtain a residence card.

As a rule, a visa application can only be submitted at a Polish consulate abroad.

• a foreigner holding a temporary residence permit or permanent residence permit is issued with a residence card;
• its holder (having a valid travel document, e.g. passport) is allowed to cross the Polish border without a visa multiple times;
• note! the residence card itself is not sufficient to hire a worker – the residence card is issued for a permit for temporary residence and work at a particular employer – the permit therefore specifies the job and period of time a given foreigner can work;
• the foreigner must apply for a change of the permit (the residence card will remain the same, only the employer's data will change) in order to work on the basis of a residence card;
• during this time the foreigner should immediately apply for a temporary residence permit with the Provincial Office competent for their stay (or for a temporary residence and work permit);
• The submitted application for a temporary residence permit makes the foreigner's stay legal until the application is considered by the Provincial Office.

• the submitted application makes the stay of a Ukrainian citizen in Poland legal;
• the foreigner may not leave Poland until the procedure is completed;
• work in Poland is not allowed in the first 6 months;
• after obtaining international protection, a foreigner may work without a work permit.