Temporary protection for Ukrainian nationals

A Ukrainian national employed by a Warsaw technology company receives a letter from the Urząd do Spraw Cudzoziemców (Office for Foreigners, UdSC) questioning the validity of her stay. Her temporary protection certificate was issued in 2022. Her employer's HR team has no idea whether it still applies, whether it needs renewal, or what happens if it lapses. The answer determines whether she keeps her job – and whether the company faces sanctions.

Temporary protection for Ukrainian nationals in Poland is governed by the EU Temporary Protection Directive and implemented through Polish legislation on assistance to Ukrainian citizens. The status, first granted in March 2022, has been extended by EU Council decisions and currently runs through 4 March 2026, with a further extension to 4 March 2027 under active discussion. Holders of valid temporary protection may live and work in Poland without a separate work permit, provided their registration with the National Court Register (KRS) equivalent – or more precisely, with local municipal authorities – remains current.

This guide explains the current legal framework, the step-by-step procedure for maintaining or updating status, the three most common employer pitfalls, and what Ukrainian nationals and their Polish employers should do before key deadlines arrive. Three business scenarios – manufacturing, IT services, and a foreign-investor subsidiary – illustrate how the rules apply in practice.

What is the legal basis for temporary protection in Poland, and who qualifies?

Temporary protection in Poland rests on two foundations. The first is EU Council Implementing Decision 2022/382, which triggered the EU-wide mechanism. The second is the Polish Act on Assistance to Ukrainian Citizens (ustawa o pomocy obywatelom Ukrainy), enacted in March 2022 and amended several times since. Together, these instruments grant Ukrainian nationals – and certain stateless persons habitually resident in Ukraine – a right to reside and work in Poland without going through standard immigration channels. The Urząd do Spraw Cudzoziemców (Office for Foreigners, UdSC) and the Zakład Ubezpieczeń Społecznych (Social Insurance Institution, ZUS) are the two main Polish institutions involved in administering the status.

Qualifying categories are broader than many employers assume. Ukrainian nationals who were in Ukraine on 24 February 2022 qualify, as do those who were already legally resident in Poland on that date. Family members of Ukrainian nationals – including spouses and minor children of non-Ukrainian nationality – may also qualify if they fled from Ukraine. Stateless persons and non-Ukrainian third-country nationals who held a valid Ukrainian residence permit and cannot safely return to their country of origin are also covered, though their situation requires individual assessment.

One misconception worth addressing: temporary protection is not the same as refugee status or subsidiary protection. It does not require an individual determination of persecution risk. It is a collective, time-limited mechanism. That distinction matters because it affects both the procedure and the consequences of status expiry. Holders of temporary protection cannot automatically convert it into a residence permit – they must apply through the standard immigration track if they wish to remain after the protection period ends.

The current protection period runs to 4 March 2026. EU institutions have signalled willingness to extend to 4 March 2027, but that decision had not been formally adopted at the time of writing. Employers should treat 4 March 2026 as the operative deadline and plan accordingly – waiting for a formal extension announcement before acting is a high-risk strategy.

How does the step-by-step procedure for registration and renewal work?

Registration is the foundation of valid status. A Ukrainian national arriving in Poland must register with the local municipal authority (urząd gminy) within 60 days of crossing the border. Registration generates a PESEL number – the Polish national identification number – with a special "UKR" flag. This PESEL is the gateway to employment, social benefits, and healthcare access. Without it, an employer cannot legally hire the individual, and the individual cannot open a bank account or access public services.

The registration procedure involves three steps. First, the individual appears in person at the municipal authority with a valid Ukrainian passport or identity document. Second, the authority records the data and issues a confirmation of registration. Third, the individual applies for a PESEL at the same or a linked office, using a dedicated form. Processing takes up to 30 days, though in practice Warsaw offices have been issuing PESEL numbers within five to ten working days for most applicants.

Valid Ukrainian travel document or identity card
Photograph meeting standard passport requirements
Completed PESEL application form (available at the municipal office)
Address confirmation in Poland (rental agreement or host declaration)
For family members: proof of relationship (birth certificate, marriage certificate)

Renewal of temporary protection status is currently automatic at the EU level – the Council decision extends the period without requiring individual applications. However, Polish employers must verify that the employee's PESEL remains active and that no individual decision has been issued terminating protection. The UdSC can terminate individual protection if the person voluntarily and permanently returns to Ukraine or acquires alternative status. Employers who rely solely on a 2022 registration document without checking current status risk employing someone whose protection has been individually revoked.

We assisted a manufacturing client in the Mazowieckie region (autumn 2025) to audit the documentation of over 80 Ukrainian employees. The audit identified three individuals whose protection had been individually terminated following voluntary returns to Ukraine and subsequent re-entry – a scenario that the employer's HR system had not flagged. Corrective action was taken before any inspection by the Straż Graniczna (Border Guard) occurred.

What are the employment rights and employer obligations under temporary protection?

Temporary protection holders have the right to work in Poland without a separate work permit. This is one of the key practical advantages of the mechanism. Under standard Polish immigration law, a Ukrainian national without temporary protection would need either a work permit issued by the Wojewoda (regional governor) or a declaration of intent to entrust work, with processing times of up to 90 days. Temporary protection bypasses that queue entirely. The employer must notify the local labour office (powiatowy urząd pracy) within 14 days of hiring a temporary protection holder, but this is a notification, not an approval process.

Employment conditions must meet Polish labour law standards. A temporary protection holder is entitled to the same minimum wage, working time protections, and leave entitlements as a Polish national. There is no legal basis for paying a lower rate on the grounds of nationality or immigration status. The Państwowa Inspekcja Pracy (National Labour Inspectorate, PIP) has the authority to inspect compliance and can impose fines of up to PLN 30,000 per violation. Employers who treat temporary protection status as a justification for below-standard terms face both financial and reputational risk.

Social insurance contributions follow the standard Polish rules. The employer registers the employee with ZUS, and both employer and employee pay contributions on the same basis as for Polish nationals. Healthcare access follows automatically from ZUS registration. One practical complication: some Ukrainian nationals hold simultaneous employment in another EU member state. In that scenario, the A1 certificate rules under EU social security coordination apply – the employee may not owe contributions in Poland at all. For a detailed treatment of A1 certificate mechanics, see our guide on posted workers from Luxembourg to Poland and A1 certificates.

Three business scenarios illustrate the range of employer obligations. A manufacturing company in Silesia with 200 Ukrainian workers must maintain a register of PESEL numbers, monitor status validity, and submit notifications to the labour office within 14 days of each hire. An IT services firm in Warsaw with 15 Ukrainian contractors must determine whether those contractors are genuinely self-employed or disguised employees – the PIP has increased scrutiny of this issue since 2024. A foreign-investor subsidiary in Lower Silesia hiring Ukrainian engineers for a cross-border project must also consider whether the EU Blue Card route offers a more stable long-term solution than reliance on temporary protection.

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

The most common mistake is treating temporary protection as a permanent solution without monitoring its legal basis. Employers who hired Ukrainian nationals in 2022 and have not reviewed documentation since then are operating on an assumption – not a verification. The status has been extended twice, but each extension is a political decision, not an automatic legal entitlement. A failure to track the expiry date and prepare alternative arrangements forfeits the employer's ability to maintain continuity of employment lawfully.

The second frequent error involves the 14-day notification obligation. Many employers – particularly smaller businesses – are unaware that hiring a temporary protection holder requires notification to the local labour office. This is not a discretionary courtesy. Failure to notify can result in fines and, in repeat cases, disqualification from employing foreign nationals. The notification must be submitted even if the individual has worked for the company previously under a different legal basis.

A third error concerns the transition to standard immigration status. When temporary protection expires – whether through a Council decision not to extend, or through individual termination – the individual must have an alternative legal basis for stay within a defined period. Polish immigration law provides a 30-day window from the expiry of temporary protection to submit an application for a temporary residence permit. Missing that window triggers an obligation to leave Poland. Employers who have not briefed their Ukrainian staff on this timeline risk losing key personnel abruptly. Personal liability does not attach to the employer in this scenario, but operational disruption is severe and often irreversible.

We obtained a reversal of a fine exceeding PLN 45,000 for a logistics operator in the Pomerania region (spring 2025) after demonstrating to the PIP that the notification obligation had been met, but the confirmation had been lost in a municipal office IT migration. Documentary discipline – keeping timestamped copies of all submissions – is the simplest preventive measure available.

For companies building longer-term workforce strategies, the EU Blue Card offers a viable alternative for highly qualified Ukrainian nationals earning above the threshold salary. Companies relocating employees from other EU countries to Poland should also review our analysis of global mobility and relocating employees to Poland from the Netherlands, which addresses parallel issues in EU intra-company transfer scenarios.

Employers operating in supply chains with Ukrainian subcontractors should also be aware that due diligence obligations are expanding. Our review of ESG due diligence in supply chains from a Polish perspective covers how new EU instruments affect labour standards monitoring across tiers of suppliers.

What should employers and Ukrainian nationals prepare before the protection deadline?

Preparation should begin at least three months before any anticipated expiry date. Waiting for a formal EU Council decision – whether to extend or allow expiry – before starting internal reviews is a strategy that consistently results in rushed, error-prone processes. The 4 March 2026 deadline is known now. The procedural steps are known now. There is no legal or practical reason to delay.

The checklist below captures the minimum preparation required for employers with Ukrainian staff currently covered by temporary protection.

Audit all Ukrainian employees' PESEL numbers and verify active status with the UdSC registry
Confirm that 14-day labour office notifications were filed for each hire and retain copies
Identify employees who may qualify for the EU Blue Card or standard work permit as a fallback
Brief Ukrainian staff on the 30-day window to apply for alternative residence status after expiry
Review contractor relationships to confirm genuine self-employment or reclassify as employment

For Ukrainian nationals themselves, the most important step is to understand what legal basis will apply to their stay after temporary protection ends. Options include a temporary residence permit for employment purposes, a temporary residence permit for family reunification, or – for those who qualify – the EU Blue Card. Each route has different income thresholds, documentation requirements, and processing times at the Wojewoda's office. Processing times for standard residence permit applications in Warsaw currently run to approximately six months. Starting the process in autumn 2025 rather than February 2026 is not merely advisable – it is the only realistic approach.

The intersection of employment law and immigration law in this area is genuinely complex. A Ukrainian national who is also a whistleblower in a pending employment dispute, for example, faces a layered situation: the whistleblower protection framework in Poland (implementing the EU Whistleblowing Directive) prohibits retaliation in employment, but does not independently extend immigration status. Both tracks must be managed simultaneously.

For specific guidance on your company's situation with Ukrainian staff, contact info@kordeckipartners.com. Our team will assess your current documentation, identify gaps, and prepare the transition strategy before the deadline pressure becomes unmanageable.

Frequently asked questions

Q: Does a Ukrainian national with temporary protection need a separate work permit to work in Poland?

A: No. Temporary protection holders are entitled to work in Poland without a separate work permit issued by the regional governor. The employer must, however, submit a notification to the local labour office within 14 days of commencing employment. Failure to submit that notification is a separate legal violation and can result in fines regardless of whether the employment itself is lawful.

Q: What happens to employment if temporary protection expires without an EU extension decision?

A: The individual's right to work in Poland would lapse with the protection status. Polish law provides a 30-day window from the date of expiry to submit an application for an alternative residence title. During that 30-day window, the individual's stay is tolerated but their right to work is not automatically preserved. Employers should not assume that a pending application automatically extends work authorisation – this is a common misconception that has led to unlawful employment findings in PIP inspections.

Q: How long does it take and what does it cost to obtain a standard temporary residence permit as a fallback?

A: Processing times at the Warsaw Wojewoda's office currently run to approximately four to six months from submission of a complete application. There is no official fee for the residence permit application itself, but the associated work permit component (if applicable) carries a fee of PLN 440. Applicants should budget for translation costs of Ukrainian documents, which typically add PLN 500 to PLN 1,500 depending on volume, and for potential legal assistance with the application if the individual's situation involves complications such as prior overstays or multiple employers.

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, immigration, and global mobility. We work with Polish entrepreneurs, foreign investors, and in-house legal teams managing Ukrainian and CIS workforces. To discuss your situation, contact info@kordeckipartners.com.