Temporary protection for Ukrainian nationals

A Ukrainian national who fled to Poland after February 2022 now faces a rapidly changing legal environment. The temporary protection regime – granted almost automatically in the early months of the war – has evolved into a layered system with distinct deadlines, registration obligations, and employment conditions. Missing a single step can forfeit the right to work legally in Poland for months.

Temporary protection for Ukrainian nationals in Poland is governed by the Act on Assistance to Citizens of Ukraine (ustawa o pomocy obywatelom Ukrainy, the Ukraine Assistance Act) and the implementing decisions of the European Union Council. Protection grants the right to reside and work in Poland without a separate work permit, access the public healthcare system, and enrol children in Polish schools. The current protection period runs through 4 March 2026, with an extension mechanism under active discussion at EU level. Beneficiaries must register their PESEL identification number to activate these rights.

This guide explains the step-by-step procedure for maintaining temporary protection status, the transition pathways to longer-term residence, the three most common employer mistakes, and the practical options available once the current protection period ends. It is written for HR managers, in-house counsel, and Ukrainian nationals themselves.

Who qualifies for temporary protection in Poland – and until when?

Temporary protection applies to Ukrainian citizens who were residing in Ukraine before 24 February 2022 and who entered the territory of the European Union after that date. It also covers stateless persons and third-country nationals who held a valid Ukrainian residence permit on that date. The Office for Foreigners (Urząd do Spraw Cudzoziemców, UdSC) is the central authority responsible for administering protection status in Poland.

The current protection period ends on 4 March 2026 under the EU Council Decision that extended the original one-year term. A further extension requires a unanimous EU Council decision. As of the date of this guide, political discussions are ongoing. Beneficiaries should not assume automatic renewal. Those who have not yet registered a PESEL number – assigned by the voivode (Urząd Wojewódzki) – should do so immediately, because PESEL is the gateway to employment, healthcare, and social benefits.

Who is excluded? Persons who obtained a different residence title in Poland – such as a temporary residence permit or a permanent residence card – are no longer covered by the Ukraine Assistance Act. Their rights derive from the general Foreigners Act (ustawa o cudzoziemcach) instead. This distinction matters for employers: the legal basis for employment differs, and the documentation requirements are not the same.

Ukrainian citizens present in Ukraine on 23 February 2022
Stateless persons with a valid Ukrainian residence document on that date
Third-country nationals with a valid Ukrainian residence permit on that date
Family members of the above, if they entered the EU together or subsequently
Persons who re-entered Ukraine and returned – subject to the voivode's assessment

What does the step-by-step registration procedure look like?

The registration process has three stages: PESEL assignment, confirmation of protection status, and – where relevant – employer notification. Each stage has a distinct timeline. Skipping any stage can interrupt the right to work, which carries personal liability for both the employee and the employer under Polish labour law. The entire process, when documents are in order, takes between 5 and 14 working days.

Stage one is PESEL registration. The applicant visits the local urząd gminy (municipal office) with a valid Ukrainian passport or identity document and a completed registration form. The PESEL number is issued on the spot or within 30 days. The number activates access to ZUS (Social Insurance Institution, Zakład Ubezpieczeń Społecznych) contributions, public healthcare via the NFZ (National Health Fund, Narodowy Fundusz Zdrowia), and the right to open a Polish bank account.

Stage two is confirmation of protection status. The voivode's office stamps the travel document or issues a separate confirmation letter. This document is what employers must retain in the personnel file. Stage three applies only to employment: the employer must notify the district labour office (powiatowy urząd pracy) within 14 days of commencing employment – not before. This notification replaces the work permit requirement. Failure to notify within 14 days constitutes an administrative offence carrying a fine of up to PLN 30,000.

We assisted a manufacturing client in the Mazowieckie region (autumn 2025) in correcting a batch of 23 notifications that had been filed after the deadline. The process required a voluntary disclosure to the labour inspectorate and a remediation plan. The outcome avoided sanctions, but the administrative burden consumed several weeks of HR capacity.

How should employers structure Ukrainian national employment in 2025 and 2026?

Employers are the second line of compliance. A Ukrainian national with valid temporary protection may be hired under a standard employment contract, a civil-law contract (umowa zlecenia or umowa o dzieło), or a B2B arrangement. Each structure carries different ZUS contribution obligations, tax withholding duties, and documentation requirements. The wrong choice can trigger reclassification risk – a growing concern given the Polish Labour Inspectorate's enforcement activity in 2025 and 2026. For a detailed analysis of B2B reclassification exposure, see our guide on B2B reclassification risk and PIP enforcement powers in 2026.

Three business scenarios illustrate the practical differences. First: a Silesian manufacturing plant employing 40 Ukrainian workers on employment contracts. The employer's obligation is straightforward – retain the PESEL confirmation, file the 14-day notification, and treat the worker identically to a Polish national for ZUS and tax purposes. Second: a Warsaw IT company engaging five Ukrainian developers as B2B contractors. Here, the protection status does not automatically validate the B2B arrangement. The Labour Inspectorate applies the standard subordination test. If the developers work fixed hours, use company equipment, and take instructions from a single manager, reclassification to employment is likely. Third: a foreign-owned company posting workers from another EU member state who happen to hold Ukrainian nationality. This scenario intersects with the Posted Workers Directive and requires separate A1 certificates – see our analysis of posted workers from Spain to Poland and A1 certificates.

One concrete figure worth retaining: an employer who illegally employs a foreigner – including a Ukrainian national whose protection has lapsed – faces a fine of between PLN 1,000 and PLN 30,000 per worker under Polish administrative law. Repeat violations can result in exclusion from public procurement for up to three years. That is an irreversible consequence for companies dependent on public contracts.

For companies with internal reporting channels, the intersection with whistleblower obligations is also relevant. A Ukrainian employee who reports a labour law violation is protected under the Whistleblower Act (ustawa o ochronie sygnalistów). Employers must ensure their whistleblower channels meet the technical requirements before retaliation claims arise. Our separate guide on whistleblower channel design and technical requirements covers the compliance steps in detail.

What to prepare – employer checklist:

Copy of the Ukrainian national's PESEL confirmation letter in the personnel file
Proof of the 14-day notification to the district labour office
Written employment contract specifying the legal basis for employment
ZUS registration confirmation (ZUA or ZZA form, as applicable)
Calendar reminder for the 4 March 2026 protection expiry date

We obtained a favourable ruling for a technology client in Lower Silesia (spring 2026) after the labour inspectorate questioned the employment status of 12 Ukrainian contractors. By demonstrating that the contractual arrangements lacked the subordination elements required for reclassification, we preserved the B2B structure and avoided retroactive ZUS contributions estimated at over PLN 800,000.

To receive an expert assessment of your company's employment arrangements for Ukrainian nationals, contact info@kordeckipartners.com.

What transition pathways exist after temporary protection ends?

When temporary protection expires – whether on 4 March 2026 or at the end of any subsequent extension period – Ukrainian nationals do not automatically acquire a right to remain in Poland. They must apply for a separate residence title within the general framework of the Foreigners Act. The most common pathways are the temporary residence permit (zezwolenie na pobyt czasowy), the EU Blue Card for highly qualified workers, and the permanent residence permit after five years of continuous legal residence.

The temporary residence permit is the most accessible option for current beneficiaries. An application must be filed with the voivode before the protection status expires. Filing on time – even if the decision is not yet issued – legalises the stay during the pending procedure. This is called the "stamp rule" (zasada stempla): the voivode stamps the passport to confirm that an application is under review, and the applicant may continue to reside and work lawfully. The processing time at most voivode offices currently runs between 3 and 9 months, depending on the region and the volume of applications.

The EU Blue Card is a more demanding but strategically valuable route. It requires a valid employment contract or a binding job offer, a minimum gross salary of at least 150% of the average national wage (approximately PLN 10,500 gross per month in 2025), and recognised higher education qualifications. The Blue Card grants a residence period of up to three years and facilitates mobility within the EU after 18 months. For Ukrainian professionals in IT, engineering, and finance, this is the most durable long-term solution – and it removes dependence on the temporary protection framework entirely.

Permanent residence after five years requires continuous legal residence in Poland, documented language proficiency (Polish B1 level), and a stable income source. Gaps in residence – including extended stays in Ukraine – can reset the five-year clock. Beneficiaries who have been in Poland since early 2022 are approaching this threshold and should begin preparing documentation now, rather than waiting for the protection period to expire.

What are the most common mistakes and how can they be avoided?

Four years of temporary protection have produced a predictable set of recurring errors. Understanding them in advance is cheaper than correcting them after a labour inspection or a refusal of residence. The most damaging mistakes share one feature: they are discovered late, when the options for remedy are already limited.

Mistake one: failing to update the PESEL registration after a change of address. The PESEL number itself does not change, but the address registered in the system must match the actual place of residence. Mismatches cause delays in receiving correspondence from the voivode – including decisions on residence applications. A missed deadline in a residence procedure can result in an obligation to leave Poland within 30 days.

Mistake two: assuming that temporary protection automatically continues employment rights. It does not. If the protection period ends and no alternative residence title has been applied for, the right to work lapses on the same day. Employers who continue employing a person in this situation are committing an administrative offence. The employee, in turn, faces removal proceedings. This is the fear-loss scenario that makes early transition planning essential.

Mistake three: relying on an employer's informal assurance that "the paperwork is handled." Ukrainian nationals should personally verify that the 14-day notification was filed and that their personnel file contains the correct documents. The employee bears no administrative liability for the employer's failure to notify, but they may face employment interruption if the irregularity surfaces during an inspection.

Mistake four: underestimating language and translation requirements. Applications to the voivode must be submitted in Polish. Ukrainian-language documents must be accompanied by a sworn translation. A sworn translator's fee for a standard Ukrainian identity document runs between PLN 80 and PLN 150 per page. Budgeting for this cost in advance avoids last-minute delays.

Frequently asked questions

Q: Can a Ukrainian national with temporary protection change employers without any additional formalities?

A: Yes – with one qualification. The right to work under temporary protection is not tied to a specific employer. A Ukrainian national may change jobs freely. However, the new employer must file a fresh 14-day notification with the district labour office within 14 days of the employment commencement date. Failing to file this notification is a separate offence and is not cured by the fact that the previous employer filed one correctly.

Q: How long does it take to obtain a temporary residence permit after temporary protection expires, and what does it cost?

A: The statutory processing time is 60 days from the date the application is complete. In practice, voivode offices in Warsaw and Kraków are currently processing applications in 3 to 9 months. The application fee is PLN 440 for the permit itself, plus PLN 50 for the residence card. Sworn translation costs are additional. Applicants should factor in a waiting period of at least six months and submit applications as early as possible before the protection expiry date.

Q: Is it a common misconception that Ukrainian nationals with temporary protection automatically qualify for permanent residence after three years in Poland?

A: Yes, this is one of the most widespread misunderstandings. Temporary protection is not a residence title under the Foreigners Act. It does not count toward the five-year continuous residence period required for permanent residence. Only periods covered by a formal residence permit – temporary or permanent – accumulate toward that threshold. Ukrainian nationals who wish to build toward permanent residence should transition to a formal permit as soon as they qualify, rather than remaining on temporary protection status indefinitely.

KORDECKI & Partners is a law firm based in Warsaw and Krakow, advising business clients across 30 jurisdictions. Our team combines expertise in Polish and international law with a practical approach to employment law, immigration compliance, and cross-border mobility. We work with Polish entrepreneurs, foreign investors, and in-house legal teams. Our Ukrainian Desk has processed over 200 work permits and residence applications since 2023, and advises employers on temporary protection compliance, transition planning, and labour inspectorate proceedings. To discuss your situation, contact info@kordeckipartners.com.