The end of the Ukrainian special act. The government is unifying the temporary protection system for all refugees

The government wants to unify the support system for all refugees subject to temporary protection by extinguishing the provisions of the special act on assistance to Ukrainian citizens and switching to systemic solutions in this area – according to the draft law published on the legislative website of the Council of Ministers.

From extraordinary to systemic solutions

“The purpose of the proposed act is to unify the support system for all those subject to temporary protection, adapt the regulations to the new stage of the migration situation and move from emergency solutions to systemic ones. After almost four years, the situation of refugees in Poland is more stable, and public institutions and local governments have learned to handle newly arrived foreigners under normal procedures. (…) Continuing to maintain the act containing special solutions may create a risk of unequal treatment in relation to the general legal regime for foreigners,” it was written in the regulatory impact assessment (OSR) of the project.

“At the same time, many of the solutions provided for in the special act are tight, effective and economically rational. Therefore, the project also aims to transfer some of them to the Act of June 13, 2003 on granting protection to foreigners in the territory of the Republic of Poland (…). In the current legal status, these regulations apply only to beneficiaries of temporary protection other than Ukrainian citizens (…)” – it was added.

PESEL UKR and mObywatel remain permanently

The scope of the amendment to the Act on granting protection to foreigners will include: transfer of the mechanisms for registering a beneficiary of temporary protection (PESEL UKR) and confirming identity from the special act, instead of certificates issued in paper form.

This solution is to allow avoid administrative paralysis related to the issuance of paper certificates to all Ukrainian citizens with UKR status by one authority, which is the Head of the Office for Foreigners. The new regulations also provide for changes in the rules for access of temporary protection beneficiaries to social benefits, including medical benefits and their accommodation, as well as verification of the grounds for granting them.

The act is intended to enable Ukrainian citizens to continue their legal stay and access to the labor market.

The proposed change means: introduction of uniform rules for all beneficiaries of temporary protection.

End of the Emergency Fund and changes to benefits

The draft law provides for, among others: repealing the provisions of the Special Act to the extent that they create a separate system intended only for Ukrainian citizens and provisions that have expired because the period of validity specified in them has expired.

It is also planned to introduce provisions allowing for the extinction of emergency solutions, which will ensure a smooth transition between the current and new legal status by introducing transitional provisions in the field of, among others:

• mechanisms allowing for the settlement of the Assistance Fund, which was established to finance or co-finance the implementation of tasks aimed at helping citizens of Ukraine,
• maintaining solutions related to liabilities arising from bonds issued by Bank Gospodarstwa Krajowego (BGK), sureties and guarantees granted, and regulations governing the agreement between the Ministry of Finance and BGK,
• methods of settling unused funds received from the Assistance Fund for educational tasks by local government units and providing information in this respect to the minister responsible for public finances, – conditions of payment of benefits to the family until the end of the current benefit period,
• professional qualifications for performing regulated mining professions acquired in Ukraine, recognized on the basis of a special act,
• conducting business activities established on the basis of a special act,
• suspension of time limits in matters related to proceedings regarding the stay of foreigners, as well as extension of the validity of visas and other residence documents until March 4, 2027.,
• maintaining the possibility of obtaining another residence title by the holder of temporary protection,
• enabling the services to transfer equipment to Ukraine.

It is also envisaged that the mechanisms contained in the special act, which assume cost reduction, will be incorporated into the Act on granting protection to foreigners and to other sectoral acts in the field of, among others:

• methods of confirming the legality of stay in the case of being subject to temporary protection by obtaining a PESEL number with the appropriate status and the conditions for losing and expiring this status,
• the possibility of using the mObywatel application by beneficiaries of temporary protection,
• access to the labor market and running a business,
• access to basic social benefits, rules of access to medical care,
• introduction of a decision refusing to admit a foreigner to the territory of the Republic of Poland.

(PAP Business)

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