Cancellation of the state of epidemic threat - consequences for the legal situation of foreigners
The cancellation of the state of epidemic emergency on July 1, 2023 meant that on July 2, 2023, the 30-day deadlines set out in the regulations began to run. As a consequence, at the end of July 31, 2023, the periods of extension and stay considered legal under the COVID-19 Act will end.
In addition, the regulations also provide for the extension by law of:
- periods of validity of Pole's Cards falling during the state of epidemic emergency or state of epidemic;
- deadlines for submitting an application for extension of the Pole's Card.
However, in the case of these solutions, the relevant extensions take place until the expiry of 3 months after the date of cancellation of the state that was in force last. As a consequence of the cancellation of the state of epidemic emergency on July 1, 2023, these extensions are valid until October 2, 2023.
Detailed information can be found on the website of the Office for Foreigners under the link:
https://www.mos.cudzoziemcy.gov.pl/aktualnosci/odwolanie_covid_PL
SPECIAL LEGAL SITUATION OF CITIZENS OF UKRAINE
Due to the Russian aggression on the territory of Ukraine and the mass influx of Ukrainian citizens caused by it, the provisions of the so-called The Act on Assistance to Ukrainian Citizens specifically regulates the legal situation of Ukrainian citizens in the context of the rules of their stay on the territory of Poland.
In addition to establishing a general basis for stay considered legal until March 4, 2024 and providing related assistance institutions addressed to Ukrainian citizens arriving from February 24, 2022 from the territory of their country of origin in connection with the hostilities in progress there, a special act it also establishes a number of solutions supporting the process of legalizing the stay of all citizens of this country residing in Poland.
The following extension solutions should be mentioned in this context:
- periods of stay and validity of national visas issued to citizens of Ukraine falling in the period from February 24, 2022;
- periods of validity of temporary residence permits granted to citizens of Ukraine falling in the period from February 24, 2022;
- deadlines for the fulfillment of the obligation of Ukrainian citizens to leave the territory of Poland, resulting from art. 299 sec. 6 of the Act on foreigners falling in the period from February 24, 2022;
- specified periods of voluntary return (currently periods of voluntary departure), specified on the basis of art. 315 sec. 1 of the Act on foreigners in decisions on obliging a foreigner to return issued to citizens of Ukraine, falling in the period from February 24, 2022 (Article 42(7) of the Special Act);
- validity periods of residence cards issued to citizens of Ukraine, falling in the period from February 24, 2022;
- periods of validity of Polish identity documents issued to citizens of Ukraine, falling in the period from February 24, 2022;
- the periods of validity of the "tolerated stay permit" documents issued to citizens of Ukraine, falling in the period from February 24, 2022.
In the current legal status, these extensions are valid until March 4, 2024 (detailed information on this subject can be found TUTAJ