Temporary protection — displaced persons from Ukraine

On 4 March 2022, the European Union invoked for the first time the temporary protection mechanism provided for in Directive

"Temporary protection" means a special type of procedure that is triggered in the event of a mass influx of persons seeking protection into the EU from third countries who cannot return to their country of origin, e.g. in connection with military operations on the territory of that country, or if there is a genuine risk of such an influx occurring. Its purpose is to admit persons to the territory and grant them immediate temporary protection in the Union — meaning a permit for displaced persons to reside temporarily and the granting of certain rights.

Temporary protection is granted under a simplified administrative procedure compared to international protection. The EU uses this procedure when there is a justified presumption that the international protection granting system will not be able to bear the burden of a mass influx of displaced persons without negative effects on the functioning of that system, to the detriment of both those persons and other persons seeking protection.

Article 5(1) of Council Directive 2001/55/EC of July 20, 2001, on minimum standards for granting temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof.

The following list covers the categories of foreigners covered by temporary protection, activated in connection with the mass influx of foreigners from Ukraine from 24 February 2022, in accordance with the Act of 13 June 2003 on granting protection to foreigners in the territory of the Republic of Poland citizens of Ukraine, who in the period from 24 February 2022 arrived legally in Poland for the purpose stateless persons or third-country nationals other than Ukraine, who before 24 February 2022 benefited from international protection or equivbutnt national protection in Ukraine, and who in the period from 24 February 2022 legally arrived in Poland for the purpose spouses of Ukrainian citizens or the aforementioned foreigners, who in the period from 24 February 2022 arrived legally in Poland for the purpose minor children of Ukrainian citizens or the aforementioned foreigners, who in the period from 24 February 2022 arrived legally in Poland for the purpose minor children of spouses of Ukrainian citizens or the aforementioned foreigners, who in the period from 24 February 2022 arrived legally in Poland for the purpose stateless persons or third-country nationals other than Ukraine, who are able to prove that before 24 February 2022 legally resided in Ukraine on the basis of a valid permanent residence permit issued in accordance with Ukrainian law and who are unable to return safely to their country or region of origin, and who in the period from 24 February 2022 legally arrived in Poland for the purpose of benefiting from temporary protection; children born in Poland from 24 February 2022, whose parents are beneficiaries of temporary protection, provided these children to not hold Polish citizenship or citizenship of another

Foreigners who cannot benefit from temporary protection in Poland hold one of the residence permits that preclude the use of this protection; permanent residence permit; EU long-term resident permit; temporary residence permit; refugee status; subsidiary protection; consent to residence for humanitarian reasons; consent to tolerated stay. submitted applications for international protection in Poland or such applications were submitted on their behalf; have already obtained temporary protection in another EU member state; crossed the border on the basis of a permit to cross the border within the framework of local border traffic (LBT); are citizens of other EU member states;

If an entitled foreigner came to Poland for the purpose of benefiting from temporary protection, they may remain until it expires provided that a PESEL number with UKR status is obtained. An application for its assignment must be submitted no later than within 30 days from the date of entry. Submitting this application late will result in the expiry of temporary protection. Currently, the residence of beneficiaries of temporary protection in Poland is deemed legal until 4 March 2027.

Possession of a PESEL number with the "UKR" status assigned to it constitutes official certification of your right to reside in Poland and associated rights. It confirms that you are receiving temporary protection in Poland.

You will lose your right of residence if: you leave Polish territory for more than 30 days, regardless of where you go (including if you travel to Ukraine or another EU country); you obtain a temporary residence permit; you obtain a permanent residence permit; you obtain an EU long-term resident’s residence permit; you are granted a residence permit on humanitarian grounds or a permit for tolerated stay; you apply for international protection; you are granted temporary protection by another EU Member State;

You will regain your eligibility for temporary protection in Poland, lost as a result of leaving the territory of the Republic of Poland for a period longer than 30 days, if you legally re-enter Poland and again meet the conditions for temporary protection.

To ensure access to online public services, along with the assignment of a PESEL number, Ukrainian citizens and other foreigners eligible for temporary protection in Poland can obtain a trusted profile. This allows them to use the mObywatel app, through which they gain access to a digital document called the "Temporary Protection Document" (formerly Diia.pl). Photo - source: mobywatel.gov.pl This electronic document confirms their identity in Poland and their status as beneficiaries of temporary protection, and also serves as an electronic residence permit. It allows for multiple crossings of the Polish border without the need for a visa, upon presentation of a valid travel document. It also allows for movement within the Schengen Area.