The recent amendment to the Act on Assistance to Ukrainian Citizens in Connection with the Armed Conflict on the Territory of Ukraine came into effect on 1 July this year. Among the changes introduced is the possibility to obtain a CUKR residence card to provide refugees from Ukraine with additional opportunities to legalise their stay in Poland. Applying for a CUKR card is not yet possible – the process will not start until 2025, when a dedicated online service will be launched – but it is already worth learning more about the solution.
Means of legalising the residency of Ukrainian citizens in Poland
From 1 July 2024, Ukrainian citizens who have arrived to Poland because of the war in their country have three options to legalise their stay.
- UKR PESEL number: This is a solution that has been in place since the beginning of the full-scale invasion. Persons with a UKR PESEL are granted temporary protection, have free access to health care, social assistance, can legally reside in Poland without the need for a residence card, set up a business. However, it is important that UKR PESEL holders do not leave Poland for longer than 30 days, because after this time they lose their special status. Importantly, the latest amendment to the special act emphasises that an application for a PESEL number must be submitted immediately upon arrival in Poland, whereas previously it could be done up to 30 days.
- Traditional residence card: The second method is to obtain a residence card on the same terms as all other foreigners in Poland. This requires providing a reason for your stay, such as employment, study or running a business. From April 1, 2023, people who left Ukraine for war reasons and took up legal work here can apply for a temporary residence card.
- CUKR residence card: The third option, i.e. obtaining a CUKR residence card, is introduced by the latest amendment to the Special Act. This card will provide its holders with the same rights as other foreigners, including access to the labor market. It will be issued only to Ukrainian citizens (including children) who have PESEL UKR for a period of 3 years.
Who and how can apply for a CUKR residence card?
The CUKR residence card will be available to Ukrainian citizens who:
- on 4 March 2024, they had UKR status;
- on the day of submitting the application for a residence card, they had UKR status;
- they had UKR status continuously for at least 365 days.
It is worth noting that the card will also be available to people who came to Poland as family members of people benefitting from a temporary protection.
The process of submitting applications for the CUKR residence card will begin in 2025. The regulations regarding this process will only come into force with the launch of the online service.
Experts’ comments on the CUKR card
At the end of June, the Nasz Wybir portal published an article Ukrainians should know what the consequences will be: a special temporary residence card CUKR for refugees from Ukraine, written by Anastasia Verkhovetska, which describes the pros and cons of the new path of legalizing residence for Ukrainian citizens. The article draws attention to:
- Loss of access to free National Health Fund benefits: CUKR card holders lose the ability to use free medical services under the National Health Fund, which may be a significant burden for people who are unable to work.
- Need to update data, problems with receiving benefits: Cardholders must remember to update their personal data in the event of a name change or obtaining a new passport. Failure to report the change may result in problems with receiving the 800+ benefit, because the information in the database will not match the actual data of the person.
However, positive aspects are also highlighted, such as:
- Card validity period: The CUKR card will be valid for three years, which provides certainty and stability for its holders.
- Possibility to work without an additional permit: Card holders will be able to work in Poland without the need to obtain an additional permit, and it will not be necessary to notify the employment office about the employment of a Ukrainian citizen.
The introduction of the CUKR residence card is a significant step towards supporting refugees from Ukraine in legalizing their stay in Poland. Although this solution, which may bring many benefits, is also associated with serious concerns. Therefore, it will be crucial to continue informing Ukrainian citizens about the details related to the CUKR card and to prepare appropriate actions to minimize uncertainty and doubts related to its introduction.
