Extension of Legal Stay of Ukrainian Citizens in Poland and the Perspective of Employers
The draft amendment to the Act on Assistance to Ukrainian Citizens proposes extending the legal stay until March 4, 2026 (instead of the currently applicable date of September 30, 2025). Whether and when the law comes into effect is crucial for employers, as legal employment is not possible without a valid residence permit. Since the legislative process may be delayed, employers should already organize the residence status of their Ukrainian employees and prepare contingency measures to avoid issues with the legality of employment.
Extension of Legal Stay of Ukrainian Citizens in Poland and the Perspective of Employers
A few days ago, another draft amendment to the Act on Assistance to Citizens of Ukraine in connection with the armed conflict in that country was published.
From the employers’ perspective, the key issue is whether and when the words “until 30 September 2025” in the current Act will be replaced with “until 4 March 2026.” In other words, whether and when the legal stay of Ukrainian citizens in Poland under this Act will be extended. Without legal stay, there is no legal employment, and it is the employer’s statutory duty to keep copies of documents entitling foreign nationals to stay in Poland. The employer is also liable for illegally entrusting work (employment without a valid residence permit is unlawful).
It is worth following the legislative process (the current stage can be tracked here: https://legislacja.gov.pl/projekt/12401653/katalog/13153284). If the provisions extending the stay of Ukrainian citizens come into force by the end of September, employers (those currently employing legally) will avoid potential problems—at least until the next attempt at amendment in January/February 2026, when the discussion will likely revolve again around whether and how to replace the words “until 4 March 2026.”
Nevertheless, given that the current legislative process may not fit within the assumed timeframe (and that the same situation may repeat in a few months), employers should seriously consider putting their foreign employees’ residence matters in order, especially those of Ukrainian citizens.
For employees whose sole basis for staying in Poland is the special provisions of this Act, it is advisable to have a contingency plan in place to avoid being suddenly surprised by doubts about their residence status. This is particularly important because when it comes to an employee’s residence permit, the employer can do little on their own—and if left only to assess the situation at the last moment, it may turn out that due to a lack of earlier precaution, the continued legal employment of a given worker is no longer possible.