Modifications to the legal status of Ukrainian beneficiaries of temporary protection in Poland

The Act of 12 March 2022 on Assistance to Citizens of Ukraine in connection with the armed conflict in the territory of that state was adopted as an extraordinary legislative response to the unprecedented influx of third-country nationals into Poland. It introduced a special legal regime governing the residence rights of Ukrainian nationals and provided access to public services, social assistance, and the labour market.

A central mechanism established by the Act is the institution of temporary protection, which effectively represents the domestic implementation of measures adopted at the European Union level, particularly those set out in Council Implementing Decision (EU) 2022/382 of 4 March 2022.

Since its enactment, the Act has been subject to several amendments aimed at aligning its provisions with evolving legal, social, and administrative circumstances. The primary focus of these amendments has consistently been the extension of the period of temporary protection. More recently, additional changes have been introduced, addressing, among other aspects, the conditions governing legal residence, the criteria for extending entitlements, and the administrative procedures related to acquiring and retaining the status of a person under temporary protection.

The aim of this expert report is to analyse the most recent legislative amendments concerning temporary protection. The report further examines the contextual factors and reasons behind these changes. Moreover, it presents the potential practical and systemic implications resulting from the application of the amended provisions. The amendments to the so-called special law primarily concerned successive extensions of the period during which temporary protection applies, as well as the continued exercise of rights granted under such protection. In addition, the amendments reflect the evolving situation, although it must be noted that the conditions in Ukraine have not fundamentally changed, as the aggressor state continues its offensive operations as part of a full-scale military invasion. Thus, the observed legal developments are largely occurring within the domestic contexts of receiving states, including Poland. Certain emerging trends suggest that the Polish legislator is seeking to respond to these dynamics through successive revisions of the legal framework.

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