Do you plan to leave Poland for a certain period of time and are worried about losing your status? Visit Ukraine lawyers know all the intricacies of migration law and are ready to tell you about all the legal mechanisms that will help you maintain temporary protection. Find out how to plan your departure and not risk your protection on the example of a real request to the VU team of lawyers

Legal assistance on migration issues for Ukrainians in Ukraine and abroad

GET

Every day, Ukrainians turn to Visit Ukraine lawyers with various migration requests. Each such case is not just a legal conflict, but a real life situation of a person who needs professional support and comprehensive advice.

The mission of our lawyers is to turn complex legal mechanisms into a clear algorithm of actions. Our specialists do not just explain the laws, but help to build a strategy that maximizes the protection of the client's interests.

Legal advice on migration issues - how Visit Ukraine specialists work

Today we propose to analyze one of the most popular requests - the loss of PESEL UKR status when leaving Poland - on the example of the real situation of a client who turned to Visit Ukraine lawyers for help.

Query: I am under temporary protection in Poland, I have PESEL with UKR status, in addition, in April 2024 I applied for a residence card. There is no decision yet, I am still waiting. I applied for the card on the basis of my registered business activity. In general, I have been in Poland since March 2022, and I have been an entrepreneur since October 2022.

I would like to leave the country for a month (and possibly a little longer) and not lose OR be able to/know how to renew the temporary protection status.

Accordingly, my questions are:

● if I leave Poland for 29 days, arrive for 2 days and leave again for 29 days, will I lose my temporary protection status in this case?

● if I have lost my protection status, how can I restore it OR how can I prepare a justification for my absence from the country in advance in order to restore my temporary protection status?

How to avoid losing temporary protection when leaving Poland?

So, how do you maintain your status and plan your trip? This is the answer a Visit Ukraine client received.

Good afternoon! Your question concerns the preservation of temporary protection status when leaving Poland, as well as the possibilities of its restoration in case of loss. Let's take a closer look at all aspects.

1. Will you lose your temporary protection status upon departure?

According to Polish law (implemented on the basis of EU Directive 2001/55/EC), temporary protection status (including PESEL with UKR status) is granted to Ukrainians staying in Poland due to the war in Ukraine.

Key point: If you leave Poland for more than 30 days, your temporary protection status may be revoked. Even if you are under protection, a prolonged absence from the country may be considered a reason for losing this status.

A scenario with short returns (2 days) between 29-day departures can theoretically help to avoid losing your status, as the actual absence from the country does not exceed 30 days. But it is important to keep in mind that:

● Each new departure must be officially recorded.

● The authorities may consider such actions as an abuse of the right to temporary protection.

Therefore, if you are planning to leave, it is better to prepare a justification in advance.

Don't want to miss important updates and useful articles? Subscribe to our weekly newsletter!

2. How to prepare for departure in order not to lose your status?

✅ Written justification of the reasons for leaving

You can go to the nearest Urząd Wojewódzki (voivodeship office) dealing with temporary protection and submit an application explaining the reasons for leaving. In the application, please indicate:

● The reason for the absence (e.g. family circumstances, medical treatment or work).

● The estimated duration of your absence.

This may serve as proof of good faith in the event of an audit.

✅ Attach supporting documents

For example, if you are traveling for work reasons, provide copies of contracts or invitations. In case of family reasons, provide certificates confirming this.

✅ Inform the authorities in advance

Notifying the department of your planned departure increases your chances of maintaining your status or restoring it upon your return.

3. What to do if you lose your temporary protection status?

If the status is revoked, it can be restored.

Steps to restore your status:

1. Return to Poland:

You need to return to the territory of Poland.

2. Applying to the Urząd Wojewódzki:

Visit the office and apply for renewal of your temporary protection status.

● Justify your previous long-term residence outside Poland.

● Provide documents (e.g. medical certificates, family confirmation or work contracts). They will help you prove that you did not leave Poland with the intention of terminating your temporary protection.

3. Re-applying for PESEL UKR:

Once your status is confirmed, the PESEL with the UKR status will be renewed.

4. How does your status interact with the residence card?

Since you applied for a residence card on the basis of entrepreneurial activity, this process is separate and does not depend on the status of temporary protection. At the same time:

● Loss of temporary protection status does not affect the processing of your application for a residence permit.

● If the residence card is approved, it will become the main document legalizing your stay in Poland.

Recommendations

1. Observe the duration of your stay outside Poland (no more than 30 days).

2. Notify Urząd Wojewódzki of your planned absence and provide supporting documents.

3. If you lose your status, act promptly to restore it immediately upon your return.

How to sign up for a legal consultation with a Visit Ukraine lawyer?

Visit Ukraine specialists offer professional advice to Ukrainians on any issue. Our team consists of specialized lawyers in relocation, visa obtainment, employment and study abroad, as well as starting and running a business in Ukraine and abroad.

To get qualified assistance, please select the appropriate area and follow the link:

● migration issues

● visa application

● work and study outside Ukraine

● starting and running a business in Ukraine and relocating companies abroad.

After that, you need to follow a few simple steps to choose a date and make an appointment for a consultation:

1. Select the country (for which you want to get advice)

2. Choose the type of cooperation (written/oral consultation or support)

3. Fill in the form with your personal data

4. Agree to the terms of the contract and pay for the service

Alternative: if you do not know what type of consultation to choose, contact our managers via Telegram or WhatsApp. They will advise you and help you make an appointment.

Legal processes can be complicated and confusing, but the professional support of Visit Ukraine specialists will help you overcome any obstacles and feel confident and protected.

Do not lose your rights and opportunities - use the expert assistance of Visit Ukraine lawyers! Our specialists will turn legal uncertainty into a clear plan of action.

We remind you! In the previous article, Visit Ukraine lawyers have already told you how to move to Germany in 2025 with temporary protection status in another country. Follow the link to find answers to all your questions.

Photo: Freepik

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

Our recommendation for a safe and comfortable trip: 

Visit Ukraine Insurance - insurance for a safe stay abroad without unnecessary expenses;

Green Card - compulsory car insurance for traveling abroad;

Visit Ukraine Tickets - book tickets for buses, trains, and airplanes to/from Ukraine and between cities around the world;

Private Lawyer service - professional legal support on visa and migration issues;

Visit Ukraine Merch - buy patriotic clothing and accessories with worldwide delivery.

© 2018-2024, Visit Ukraine. Use, copying or reprinting of materials on this site is permitted only with a link (hyperlink for online publications) to Visit Ukraine.

All rights reserved.