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Revocation of PESEL UKR status for Ukrainians in Poland: reasons and possible grounds

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Revocation of PESEL UKR status for Ukrainians in Poland: reasons and possible grounds

Citizens of Ukraine who arrived in Poland after the start of the full-scale invasion must apply for PESEL UKR status. However, more and more Ukrainians are facing the revocation of this status. Find out more about who can lose PESEL UKR status and for what reasons

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The UKR status in Poland is a special temporary protection status for Ukrainians who arrived in the country after February 24, 2022 due to the threat of hostilities. This status is assigned upon receipt of an individual PESEL number.
Obtaining a PESEL with the UKR status opens up wide opportunities for Ukrainians in Poland. They are entitled to legal employment, access to medical services and social assistance. 
The application for PESEL UKR will be submitted immediately upon arrival in Poland (previously, Ukrainians were given 30 days to submit documents). Identity verification for PESEL UKR number assignment will be possible only on the basis of a foreign passport.
The PESEL number is an eleven-digit digital code for personal identification. In Ukraine, it is analogous to a taxpayer identification number. The PESEL number contains data such as date of birth, serial number, gender, and check digits.
It should be remembered that the PESEL number is granted forever, but the UKR status can be canceled, which will lead to the loss of all the benefits of temporary protection.

In the previous article, we mentioned that citizens of Ukraine in Poland who have a PESEL number with UKR status can obtain a temporary residence permit (Karta pobytu). 

Possible grounds for losing PESEL UKR status


Article 11 of the Act of March 12, 2022 on assistance to citizens of Ukraine in connection with the armed conflict on the territory of Ukraine states that the departure of Ukrainian citizens from Poland for a period exceeding 30 days automatically deprives them of their temporary protection status, which is confirmed by obtaining PESEL UKR. The status can be lost both when leaving for Ukraine and for EU countries.
A possible exception is for Ukrainians who have been entrusted with certain labor functions outside the country, for example, on a business trip.
If a Ukrainian returns to Poland in less than 30 days, the temporary protection status of PESEL UKR will be renewed automatically. But for this purpose, when crossing the border, you need to inform the border guards that you are entering the country in the status of UKR. If you cross the border on other grounds, the right to temporary protection may be lost.
PESEL UKR status can also be lost in case of obtaining temporary protection in another EU country. A Polish court may deprive a Ukrainian citizen of the PESEL UKR status if it confirms a threat to the security of the state or citizens of the Republic of Poland.

To learn more about the changes in the conditions for granting temporary protection to refugees from Ukraine in Poland, please follow the link.



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What rights are lost upon revocation of the PESEL UKR status?


Due to the revocation of the PESEL UKR status, Ukrainians will lose all the rights granted on the basis of the temporary protection status and the territory of the Republic of Poland: economic (employment and entrepreneurship), social (social protection, medical care and insurance), educational rights, and most importantly, the right to legal residence in the territory of the Republic of Poland.
In case of loss of PESEL UKR status due to leaving Poland for more than 30 days, a citizen of Ukraine may stay in this country on the basis of the visa-free regime in the Schengen countries for up to 90 days within 180 days. This applies only to those Ukrainians who do not have other legal grounds for residence in Poland.
Therefore, in case of loss of the PESEL UKR temporary protection status and absence of other permits for residence in Poland, Ukrainians can stay in the country for up to 90 days within 180 days.

To learn more about useful mobile applications that can make life in Poland easier, please follow the link.

How to restore the status of UKR?


According to the law, if a Ukrainian enters Poland through the external border of the Schengen area, the status of UKR should be granted automatically. However, in practice, this mechanism does not always work.
The peculiarity is that the Special Act for Ukrainians in Poland allows using an electronic document available in the Diia.pl app as a residence permit. This document, together with a travel card, entitles Ukrainians to cross the border without a visa. Poland has also informed the Schengen countries that Diia.pl confirms the legal stay of Ukrainians in Poland.

If you have been absent from Poland for more than a month and decide to return, you need to follow a few steps:
1. Check the status of UKR. This can be done online. If the status is automatically renewed, “UKR” will be indicated in the corresponding field;
2. If the status is revoked and not restored automatically, you need to contact the commune;
3. The procedure for restoring the status is similar to the first obtaining of PESEL UKR: an application is submitted, the necessary documents are provided, etc.
If all the conditions are met correctly, the commune will restore your status and the NUE value will change to UKR in the databases. Your PESEL number will remain the same. You do not need to submit your fingerprints again, as they are already in the database. However, this algorithm may differ depending on the commune. In some administrations, the procedure for restoring the UKR status may require fewer steps, while in others, additional documents may be requested.

We remind you! Ukrainian citizens legally residing in Poland have the right to travel to other countries. However, to cross the border, you need to prepare all the necessary documents. Read more about what to consider when traveling to Poland on the recommendation of the Embassy of Ukraine in Poland.

Want to know more? Read the latest news and useful materials about Ukraine and the world in the News section.






Ihor Usyk is the Head of Legal Department at Visit Ukraine


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