Refugee status in Poland for Israelis with Ukrainian citizenship is the right to legally enter and stay in Poland, as well as to the protection provided by law. Having obtained refugee status in Poland, they can enjoy all the basic rights and privileges of Polish citizens, with the exception of participation in elections. Asylum status in Poland entitles you to legal residence, as well as to work, study, receive medical and social assistance, conduct business activities and travel abroad for business and tourism purposes.

Israeli citizens with Ukrainian citizenship can apply for refugee status in Poland, regardless of their country of origin, if they enter Polish territory and submit an application at a foreigners’ bureau or border crossing point. The application process can take from six to 15 months, so this type of legalization is suitable for those who have decided to stay in the Republic of Poland for a longer period of time. The government encourages them to acquire Polish language skills and helps them to adapt to the local way of life within one year of obtaining refugee status.

It should be noted that refugee status is a concept that appeared in Polish law in 2003, long before the outbreak of hostilities in Ukraine, and has no direct connection with people fleeing war today.

What refugee status in Poland entitles you to

Persons granted refugee status in Poland are entitled to the following opportunities:
– housing and free meals for the duration of the application process;
– various forms of humanitarian assistance
– benefits and pensions like Polish citizens;
– social benefits
– full medical care at public health centers;
– Right to work (after obtaining refugee status)
– free legal advice;
– the right to pre-school, secondary and higher education;
– Ukrainian students can study at Polish universities at public expense;
– the right to study at Polish universities at public expense;
– free language courses;
– integration support for one year after granting the status.

Terms and concepts of different refugee statuses

It is extremely difficult for a person who is not familiar with the Polish legal system to understand the refugee statuses existing in Poland. The main difficulty in this case lies in terminology. To help the reader understand what this document is about, it will be explained as simplistically as possible.

The basic “Act on the Protection of Foreigners in Poland” defines several statuses:
(a) Refugee status;
(b) Additional protection;
(c) Temporary protection;
(d) International protection;
(e) The granting of asylum.

We will not address the issue of asylum in detail, as it is not directly related to the topic of this paper and may confuse us greatly.

Under the above legal provisions, refugee status and subsidiary protection together are referred to as “international protection”. This is another term that combines the other two. This expression is rarely used, but its existence is worth remembering.

Temporary protection (right for Ukrainian citizens)

In March 2022, Poland adopted the Law on Assistance to Citizens of Ukraine in Connection with the Armed Conflict. It is often referred to as a “special law” or “special act”. The Act applies to all cases of entry from Ukraine into Polish territory after February 24, 2022 (with some other conditions), i.e. it is retroactive (in this context it is not an infringement). The Act amends the Basic Law of 2003 by establishing the concept of “temporary protection” under which Ukrainian citizens can benefit from preferential legalization.

Refugee status in Poland for Israeli citizens with Ukrainian citizenship who migrated to Poland after the adoption of the “Special Law” is referred to in different ways by different groups. The following expressions are used:

– Temporary protection (officially used at the national level);
– UKR or UKR status (used by government officials);
– Ukrainian refugee, PESEL UKR, special PESEL (colloquial).

Obtaining “temporary protection” in Poland

In order to obtain “temporary protection” in Poland, Ukrainian citizens must undergo a registration procedure at border control. The initial period of stay in Poland is currently 18 months.
Ukrainian citizens forced to leave the country after February 24 can claim “temporary protection”. 2022, refugees, their families and relatives.

States guarantee refugees access to housing, food, humanitarian, social and medical assistance, education and employment. When the status expires, it can be extended for three years. Persons granted “temporary protection” have the right to apply for full refugee status or return to Ukraine at any time.

Officially, the following documents must be submitted to obtain “temporary protection” status:
– ID card: Ukrainians can use any passport,
– all documents confirming refugee status (official orders, travel tickets, etc.);
– application form filled out in Polish.

Obtaining a PESEL identification number

Refugee status in Poland for Israelis with Ukrainian citizenship allows them to receive benefits, but IDPs can do so only after registering at their place of residence and obtaining a PESEL identification number. This is a tax identifier of persons residing in Poland, but for Ukrainians falling under the “special law” it is issued in a special way, combining the procedure for obtaining an identifier with the procedure for obtaining “temporary protection”. A person submits a special application for PESEL, and when it is issued, the official performs all other necessary operations. As a result, the refugee receives not only the number itself, but also full legalization and his or her status. This is an “all-in-one” option. It is popularly nicknamed PESEL UKR.

Benefits for persons with “temporary protection” status

Each citizen who has been granted the status of “temporary protection” receives a one-time financial aid of 300 PLN (64.3 EUR). Later, the refugee applies for permanent social assistance depending on the place of his/her stay. In the center for foreigners, in addition to accommodation and food, Ukrainians are reimbursed for public transport expenses on routes related to refugee status or medical procedures.

Residents of the centers are entitled to benefits:
– purchase of personal hygiene products – 20 PLN (4.3 EUR) per month;
– out-of-pocket expenses – 50 PLN (11 EUR) per month;
– one-time payment for clothes and shoes – 140 PLN 30 EUR);
– Food allowance for children under 6 years of age
– allowances for schoolchildren – 9 PLN (2 EUR) per day.

Social support for one Ukrainian living independently in Poland is calculated based on the total number of family members:
– one – 750 PLN (161.5 EUR) per month;
– two – 600 PLN (129.2 EUR) per month;
– three – 450 PLN (97 EUR) per month;
– four – 375 PLN (81 EUR) per month.

Social benefits are available to every Ukrainian migrant who submits a relevant application and a copy of his/her temporary ID card to the center for foreign citizens. It is also possible to apply for the benefit on your own to the Department of Social Assistance.

THE MOST IMPORTANT QUESTION!
What to choose in order not to miss out: refugee status or “UKR status” in Poland?

Refugee status in Poland for Israelis with Ukrainian citizenship poses a crucial question: choosing the right status. At first glance it may seem that one of the main advantages of the Polish “special law” is a significant simplification of the legalization procedure for Ukrainian refugees. On the other hand, those who moved to Poland have no obligation to formalize the status of “temporary protection”, and not everyone has the right to do so.

Through a consultation with an attorney in Israel, you will be able to learn:узнать:

1. Is it more advantageous to do the “temporary protection” status available to all those who entered after 24.02.2022, or is it better to apply for a “regular” refugee. The second option seems longer and less convenient, but sometimes it is much more expedient. An expert will tell you why this is the case.

2. Who and how has the right to work on the territory of Poland in accordance with the “special law” from the first day of stay, and who much later. What citizenship and documents should be submitted to the authorities and what status is better for full legalization.

3. Which status is easier to apply for: “temporary protection” or “international protection”. Which organization has fewer problems during the application process: the Border Guard Service of the Republic of Poland or the Commune Office. How many months it takes to process the application and what difficulties may arise.

4. Which status is much easier to extend and for how long it is granted. Who will have the opportunity to apply for a 3-year “residence card” after 9 months of stay under a simplified procedure, as well as the right to special payments and benefits on a par with Polish citizens. How to get access to the labor exchange under the same conditions as citizens of the Republic of Poland, as well as to free medical services and education.

5. What status does not allow to stay in other countries if there is no visa or visa-free regime there until the moment of registration of residence permit. In what case it will be canceled in case of absence in the Republic of Poland for more than 30 days and will create a lot of difficulties with trips to the home country.

6. How to move to another EU country and get a status there. Some states (we know which ones, but not all of them) give protection statuses only to people who came from countries where the applicants were in danger. With the existing status in Poland, such countries consider that the refugee came to them not from Ukraine, but from Poland, where he or she is not in danger. In such cases, the foreigner is rejected, but these restrictions can be circumvented.

7. What are the options for people who, due to health reasons, are unable to apply for PESEL UKR themselves and go to the local municipality/district office where they live. How to apply correctly and what you can expect.

8. What benefits are provided for representatives of different professions who would like to obtain one of the refugee statuses in Poland. For example, international drivers can count on a temporary residence card in Poland, but if they plan to continue working in this profession, they need a special visa to travel to other Schengen countries. The list of such professions is wider and we are ready to share this information…

Specialists of Reznikov & Partners Law Firm will help you prepare for moving to the EU and answer all the most important questions. Contact us.  Contact a lawyer in Israel

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