Emergency Relocation Options for Ukrainian Nationals - Poland

Article author
Nneka
  • Updated

If you have employees in Ukraine who are not employed through Remote, but you still with to help them with relocation, a local law firm may be able to help.

Legal Counsel - Bird & Bird - International Law Firm

For the period of martial law, male citizens of Ukraine between the ages of 18 to 60 years old are restricted from leaving the country.

Ukrainian citizens that arrived prior to 24 Feb 2022

This section will cover:

Why are we recommending Poland as the preferred option?

Polish government information portal for Ukraine citizens🔗

  • Speed: We have evaluated visa routes to multiple countries in EMEA and the fastest option for Ukrainian citizens to leave Ukraine, is to enter Poland as a visitor. This will allow them to travel immediately.
  • Processing Times: This route is the fastest option which will allow the employee to begin working in the new country compared with other options in EMEA.
  • Ability to Apply From Poland: Through this route, the employee is unable to work in Poland until the approval has been granted. However, this may be preferable as other options evaluated require applications to be submitted in Ukraine, therefore requiring the employee to remain in Ukraine while awaiting approval.
  • Requirements: The requirements to obtain this permission to work are minimal and do not require long validation processes.
For employees who have family member in other countries, we may have alternative options available for such employees.

Relocation Process:

  1. The employee enters Poland meeting all the Schengen requirements. The remaining days in the Schengen area are to be checked here.
  2. Remote will present the employee with a Polish employment agreement.
  3. Once the employee is in Poland, Remote submits a notification of workers to the Polish authorities.
    • Processing time is approximately 2-4 weeks.
    • Note: The employee is not allowed to work until approval is granted.
  4. After approval is received from the Polish immigration authorities, the employee may start working from Poland.
  5. In parallel to step 2, employees (and family members) can apply for a residence permit.
    • Processing time: by law - 2 months, in practice - could take about 6 - 9 months.

Documents required (for step 1):

  • Biometric passport;
  • A round trip ticket within 90 days; or
  • Proof of finance to purchase a return ticket (better in cash);
  • Health insurance (to cover the duration of stay);
  • Sufficient funds to support their families: Either bank statements/official letter from the bank showing a "healthy" balance for at least the last three months (the Polish authorities do not specify, but generally, enough to support the applicant and any family members for at least one month in Poland), a statement from the bank showing balance, or a supporting letter from the sending employer. In-depth report on fund required.
  • Proof of accommodation.
  • (if applicable) Marriage certificate
  • (if applicable) Birth Certificate for children under 18

Requirements to be met:

  1. Since 29 January 2022, to obtain a declaration it is required that the foreigner's remuneration will not be lower than the remuneration of employees performing work of a comparable type or in a comparable position. Immigration authorities in Warsaw state that they will check whether the remuneration is adequate in the first place (to be checked on this website). The authorities will check whether the remuneration is adequate in the first place (but not exclusively) based on this table. The chart is updated periodically and is not the only basis for their assessment.

    For example: If for the developers, the current salary (in Ukraine) is only PLN 4800 (around USD 1200) per month, whereas based on the market standard in Poland the salary should be from 3000/4000 USD to even USD 8000-10000 per month.

  2. Employment contract and the payroll to be in Poland with all the relevant consequences (taxes etc).

Permit Validity:

Residence permits will be granted for a maximum period of 2 years.

Red Flags:

  • Once an employee has reached the 90 days allowance in the Schengen area, they will not be allowed to leave Poland until there is a resolution granting the residence permit. If they leave the country after the 90 days of Schengen allowance, and before the residence permit has been approved, they will be rejected at the border when they try to return to Poland as there will be no legal ground for return and also, Schengen allowance has ended.
  • This process does not lead to permanent residence.
  • In the event that a foreign national in Poland change address, they must re-register with the local town hall within four days. If the foreign national also holds a residence permit, this must also be reissued, within three days of obtaining the new address registration.
  • Spouse - is not authorised to work; Children - can study.

Additional Comments:

If the employees want, they can switch to the Blue Card permit after settling in Poland. Their base salaries would need to be at least PLN 8494 (around 2150 USD monthly), if they planned to do this.

Fees (this is an estimation of a group relocation):

  • Application fee: around 7€ per application
  • Legal fee: around 150€ per worker
  • If employees and/or families need guidance to apply for the residence permit, a legal fee of USD 250 per hour will be charged.

** Fee to be covered by the business.

FAQs:

  • Are there any COVID-19 testing requirements for entry?
    Yes. Travelers arriving from outside the Schengen Area by land must present a COVID-19 test result in Polish or English taken 24 hours prior to arrival. Travelers are released from the 7-day quarantine obligation with a negative test and proof of full vaccination, or proof of recovery from illness. If you are unvaccinated and have not recently had COVID, you must test, but you will still be subject to quarantine.
  • Are biometric passports also a requirement for children?
    Yes

Ukraine citizens that arrived on or after 24 Feb 2022

This section will cover: 

Legal stay in Poland

Citizens of Ukraine, as well as their spouse, who, because of war in Ukraine, left their homeland, can stay in Poland legally for 18 months. This applies to persons who arrived in Poland directly from Ukraine after February 24, 2022 and want to stay in the country.

What should/should I do to legally stay in Poland?

If you are a citizen of Ukraine, you are in our country legally under the following conditions:

  • You entered Poland after February 24, 2022 directly from Ukraine,
  • During the passage of border control, you – at the border crossing point – were registered by the Commandant of the Border Guard Service.

If you are a person who meets all the above conditions, you can stay in Poland legally for 18 months.

**What should/should I do to stay in Poland legally if, during the passage of border control, the Commandant of the Border Guard Service – at the border crossing point – did not register me?**

You must submit a request for a personal PESEL number to the municipality of the city to which you came or to the management of the GMINA in the territory where you are located. This must be done within 60 days from the date of entry into Poland.

How can I extend the validity of documents if I already have?

If your stay in Poland is considered legal, you will receive a temporary residence permit. To get it, you must file a petition. Once your temporary residence permit has been granted, you have the right to reside in Poland for three years from the date specified in the decision. 

You can only submit this petition if you've spent at least 9 months in Poland from your date of entry. It must be submitted within the first 9-18 months from your entry into Poland. For example, if you entered Poland on February 24, 2022, you must submit the petition no later than August 24, 2023.

How to get a personal PESEL number?

Apply to the municipality of the city or to the management of the GMINA. Add a photo to the petition. When submitting documents, you will take a fingerprint (this does not apply to children under the age of 12). After receiving the PESEL number, you can also receive a Trusted Profile.

Full details are available here

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