More and more Ukrainians are faced with the fact that the special status of forced migrants in Poland – PESEL UKR – is being cancelled. What is the reason and how not to lose this status – read in the material

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After February 24, 2022, the number of Ukrainians in Poland increased many times. The neighboring state introduced a special status for forced migrants, which was called PESEL UKR. In accordance with the law "On assistance to citizens of Ukraine in connection with the armed conflict on the territory of Ukraine" dated March 12, 2022, when traveling abroad (both to Ukraine and to European countries), a forcibly displaced person may lose his special status. All amendments to the Law are published on the official page of the Main Administration of Foreigners.

What are the features of PESEL UKR status and what opportunities does it provide?

From March 3, 2023, PESEL UKR status is mandatory for citizens of Ukraine living in Poland. It can be issued on the basis of a foreign passport within 30 days from the moment of entry into Poland. The PESEL number is quite similar to the Ukrainian identification code, but it has a certain structure: it encodes a person's date of birth, serial number, gender, and control numbers.

PESEL UKR provides the following opportunities:

– social assistance,
– qualified medical services,
– employment,
– training.

Importantly! From June 7, 2022, the service will be provided by district delegations of the Bureau of Administration and Citizen Affairs due to a decrease in demand.

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What are the grounds for losing PESEL UKR status?

PESEL UKR status can be automatically changed to another or cancelled.

Automatic change of status for a Ukrainian in Poland is possible if:

– received a permanent residence permit;

– received a residence permit for a long-term resident of the European Union;

– received a temporary residence permit;

– received additional protection;

– consent for a tolerated stay has been granted;

– received a residence permit for humanitarian reasons;

– an application for international protection has been filed (or such a filing has been announced).

Cancellation of PESEL UKR status is possible if:

– a Ukrainian has left the territory of Poland (main place of legal residence) for more than 30 days (at the same time, it is possible to renew the status upon returning to Poland)

– a Ukrainian received the status of a forced migrant and social assistance in another EU country (it is FORBIDDEN to have this status in two countries at the same time)

You can read more about the cancellation of the PESEL UKR status for Ukrainians in Poland here.

Pay attention! The ban on leaving Poland for a period of more than 30 days does not apply to persons who carry out business activities on the territory of Poland and leave its borders for the purpose of performing work or providing services.

What to do when crossing the border so as not to lose PESEL UKR?

Ukrainians can cross the border multiple times without obtaining a visa if they have a Diia electronic document. pl and travel document.

Warning! Failure to provide a Diia document. pl when crossing the border may lead to the loss of PESEL UKR status.

A child can cross the Polish border with a passport and a Diia document. pl with her and one of her parents.

How to restore lost PESEL UKR status?

First of all, you need to contact the local authorities with an application to restore the PESEL UKR status, if:

– entry into Poland when crossing the border was not recorded as entry due to military operations on the territory of Ukraine;

– the entry was made through a border where there is no border control.

PESEL UKR status will be restored if:

– the Ukrainian will confirm that the stay outside Poland lasted less than 30 days;

– the Ukrainian will cite other reasons that justify the loss of the PESEL UKR status.

All information regarding the status of PESEL UKR is provided according to the data of the Border Guard Service of Poland.

Remember! You are responsible for the completeness and authenticity of the information you provide to the authorities: when crossing internal borders, you must appear at the commune authorities and submit a declaration indicating the following information: country of departure; declared date of departure.

A declaration on the authenticity of the data is attached to this document with the following clause: "I am aware of the criminal liability for submitting a false declaration."

It is quite difficult to go through the procedure of obtaining the status or its restoration - especially for the first time and in another country. If you need qualified legal assistance, a Migration Lawyer for Ukrainians will be able to provide support at every stage of obtaining documents.

We remind you! On May 15, the Polish Seimas approved amendments to the law on assistance to Ukrainian refugees. Among other things, they provide for changes in the rules for the extension of temporary protection. Read what rules will apply and how Ukrainians can extend protection and the period of stay in Poland here.

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

On the Visit Ukraine portal, you can get legal advice on migration law. Our lawyers will answer all your questions and, if necessary, help you collect, submit and receive the documents you need. You can order a specialist consultation or full legal support by following this link.