Systemic changes instead of special procedures. What does winding down the Ukrainian special law really mean?

"After four years of the special law being in force and the situation stabilising, we are moving to systemic, equal rules for all foreigners in healthcare, social benefits and employment." This is how the government justified the bill winding down the arrangements of the so-called Ukrainian special law. We ask the experts… Systemic changes instead of special procedures. What does winding down the Ukrainian special law really mean?

In this article you will learn:

What winding down the Ukrainian special law means in practice for workers and employers. How will the rules for employing Ukrainian citizens in Poland change in 2026–2029? Whether the transition period will let employers plan their HR processes. What the social and economic consequences of limiting benefits and temporary protection will be. The bill winding down the arrangements of the so-called Ukrainian special law (otherwise the "wind-down" law) has already gone through several versions. Initially, however, it was not its content that sparked controversy. Already at the start of the year we wrote about the "fictitious consultations" on this law. The bill appeared just before the holidays, and the deadline for submitting comments fell on 2 January. In practice, industry organisations (if they were invited to comment on the bill at all) had barely a few working days to read the lengthy document and prepare comments. The legislator justified the haste by the fact that the law was to enter into force in March this year.

A month has passed since then, and the bill itself has been changed at least three times. On Wednesday 28 January the law was adopted by the Senate. We talk with experts about the shape in which the law will now reach the president.

Legality of residence is key for employers

Instead of the Ukrainian special law, there will be a common system of temporary protection for all foreigners. Under current law, temporary protection in Poland is guaranteed to Ukrainian citizens by, among other things, the UKR status. This is a special marking in the PESEL register that simultaneously guarantees access to benefits, healthcare or co-financing of a child's stay in a nursery. The law in question assumes that this status will be valid until 4 March 2027. This date also applies to the validity period of visas and residence cards. For foreigners arriving in Poland, using such protection will be possible only on condition of submitting, within 30 days of arrival in Poland, an application for a PESEL number with UKR status. The absence of an application will be equivalent to waiving such protection. Those who obtained a PESEL number only on the basis of a declaration (in the absence of the required documents) will have to confirm their identity at the municipality on the basis of a valid travel document. Otherwise, after 31 August this year they will lose temporary protection.

We estimate this concerns as many as several hundred thousand people. The lack of confirmation with a valid travel document (e.g. a biometric passport) will cause an automatic change of status to NUE, which equals the loss of temporary protection and the right to work without a permit.

– The key thing is the obligation to confirm identity for those who received PESEL UKR on the basis of a declaration. The deadline expires on 31 August 2026. We estimate this concerns as many as several hundred thousand people. The lack of confirmation with a valid travel document (e.g. a biometric passport) will cause an automatic change of status to NUE. This is equivalent to losing temporary protection and the right to work without a permit. For employers, this is a risk of an outflow of qualified workers, especially in sectors such as construction, logistics or services. It may lead to disruptions in supply chains and rising recruitment costs – comments labour-market expert Krzysztof Inglot, founder of Personnel Service.

Simplified procedure until 2029

The 2022 special law introduced simplified conditions for employing our eastern neighbours. An employer could hire them without special permits — a notification to the labour office was enough. Such a simplified path allowed Ukrainian citizens to quickly find work without major formalities. The initial, December version of the bill assumed extending the possibility of employing Ukrainian citizens under this model, but only for people who had been issued a decision on temporary protection.

– The originally planned restriction of the simplified procedure for employing Ukrainian citizens on the basis of notifications could have paralysed the labour market. Under the adopted transitional provisions, notifications made before the new regulations enter into force will retain their validity. They will allow legal continuation of work after the change in the law. During the three-year transition period, it will also be possible to submit notifications regarding the employment of Ukrainian citizens legally residing in Poland – explains Nadia Winiarska, an expert of the Lewiatan Confederation. So where did things end up? Notifications of the entrustment of work submitted before the law enters into force (planned for 4 March 2026) will remain valid not only for beneficiaries of temporary protection. Those who do not use it will be able to take up work on the basis of notifications during the transition period (until 4 March 2029).

"Since March 2022, employers have submitted notifications of taking up work by about 1.24 million Ukrainian citizens. The Lewiatan Confederation has for years called for making this simplified procedure a permanent element of the system for legalising the employment of foreigners in Poland. This demand takes on particular significance in the current reality, when, as a result of the migration-law reform of June 2025, the waiting time for legalising work under the standard procedure has been significantly extended," argued the Lewiatan Confederation.

We are not dealing with a sudden "closing of the door"

Thus, over the next three years it will be possible to entrust work to Ukrainian citizens on the basis of a notification. Łukasz Koszczoł, CEO of Job Impulse, comments that from the labour-market perspective we are therefore not dealing with a sudden "closing of the door".

– We are dealing rather with a process of ordering solutions that operated in an exceptional mode for several years. This changes companies' way of thinking — from reactive to more planning-oriented. It is a moment of transition from flexible, interventionist solutions to a more formalised model. Companies must reckon with the fact that legalising work — including for Ukrainian citizens — will require greater organisational attention and entail greater responsibility on the part of employers – the expert stresses.

Anna Dzhobolda, director of the recruitment department at Gremi Personal, is of the same opinion. The expert draws attention to the rising costs of legalising work. On 1 December the fees rose to as much as 400 zloty in the case of a declaration on entrusting work.

– People with UKR status still have access to the labour market. Those who have lost their status will now need declarations, which currently cost about 400 zloty. Let us imagine that an employer needs workers for production positions "for yesterday". We have to reckon with the waiting time for a worker being extended – the expert explains.

The Ukrainian special law and the labour market

Ukrainian citizens can take up work in Poland on the basis of a notification of the entrustment of work, without the need to obtain a work permit. In 2022–2023, 1,866 thousand such notifications were registered, concerning 966 thousand people. Ukrainian citizens were allowed to register at labour offices on the same terms as Polish citizens, including the registration of people of retirement age. Polish aid to Ukraine 2022–2023, Council for Cooperation with Ukraine, KPRM, September 2025

Sanctions for employers

As we read in the law, the absence of the aforementioned notification will not mean that the foreigner's work is illegal. "Foreigners with free access to the labour market may apply for and take up work just like Polish citizens (except for positions reserved for Polish citizens). Employers may hire them without the appropriate permit from public administration bodies," we read in the justification.

The legislator notes that a foreigner's right to take up and perform work will not depend on the employer fulfilling formal obligations. Nevertheless, the latter may pay dearly for failing to fulfil the information obligation. Failure to fulfil the notification obligation will be punishable by a fine ranging from 1 thousand to 3 thousand zloty.

– In practice we observe that legalising work is ceasing to be a marginal cost and solely an administrative obligation. For companies employing a larger number of foreigners, it is an item that today must be taken into account in budgets and operational plans – notes Łukasz Koszczoł.

"A more durable right of residence"

Our interlocutor also says that the law updates the rules for obtaining the CUKR residence title. Such a card is to provide Ukrainian citizens with a more stable, temporary residence status. According to announcements, the card is to be issued for three years. Obtaining it will entail the cancellation of the UKR status.

– The CUKR card is a new, more durable right of residence, replacing UKR status as the basis for legal residence and work. It is issued electronically through the Case Handling Module (MOS), not on paper. It offers more possibilities: access to the labour market, the ability to run a business and travel within the EU. One must have held UKR status for at least a year and still have it on the day of applying. After obtaining the CUKR card, the UKR status is cancelled. You no longer use temporary protection in this way, but move to a new basis of residence – says Anna Dzhobolda.

As our interlocutor adds, applications for the CUKR card will be possible only electronically — through the MOS system of the Office for Foreigners (without paper applications at voivodeship offices).

Leaving the country entails the loss of protection

As experts note, the provisions on the loss of temporary protection in the event of leaving Poland for a period longer than 30 days in connection with a posting have remained unchanged. The law speaks of the loss of beneficiary status in the event of each departure from the country for a period longer than a month. Despite the amendments submitted so that posting would be an exception in this case, the provision was not changed. "A posted worker does not leave the territory of the Republic of Poland in order to take up employment abroad or to change the country in which they benefit from temporary protection. They do so solely to fulfil work duties on behalf of their employer. The period of posting should therefore not result in the sanction of the loss of legal residence. Yet in practice, this is what depriving them of temporary protection leads to," we read in the comments of the Lewiatan Confederation.

Ukrainian citizens in Poland

Over 1.5 million migrants from Ukraine reside legally in Poland. Almost a million hold PESEL UKR. The rest have a temporary or permanent residence permit. Almost 300 thousand Ukrainians study in Polish kindergartens and schools, and almost 50 thousand people study at Polish universities.

Among all working people insured with ZUS, workers from Ukraine account for as much as 5%. In July 2015 the share of workers from the east did not exceed 0.5%. Most migrants are people employed in simple jobs or those requiring medium qualifications. 15% of migrants are non-working people. The Polish Economic Institute estimates that for four in 10 adult immigrants from Ukraine there is a very high or high probability of staying in Poland permanently. People in this group more often than others plan to stay in Poland longer, make efforts to obtain Polish citizenship or declare a greater sense of bond with Poland than the rest. Polish Economic Institute, Integration of immigrants from Ukraine against the background of plans regarding residence in Poland

Cuts to social benefits are not everything

The amendment to the laws signed by the president to verify the right to family benefits for foreigners has limited the scope of social benefits. From 1 June 2026, the right to the "800 plus" benefit will be linked to the applicant's professional activity and the child's attendance at a Polish school. – Not every mother with a child can afford a full-time job. The restrictions create the possibility that women will return to Ukraine – says Anna Dzhobolda. Benefits, however, are not everything. "This will force professional integration" Under the projected law, healthcare will be provided only to minors, working people, victims of torture and rape, and particularly vulnerable groups living in collective accommodation centres. Non-working people will be subject to medical care to the same extent as other non-working foreigners residing in Poland. – The gradual limiting of access to free healthcare for the uninsured (except for vulnerable groups) and to social benefits will force many into faster professional integration. This is positive in the long term, but in the short term it may increase pressure on the social insurance system – comments Krzysztof Inglot of Personnel Service.

The law limits aid to refugees regarding accommodation and food only to particularly vulnerable groups. The legislator notes that transferring these provisions into the standard arrangements of the Polish system would entail disproportionately high costs.

In the expert's view, this is "a signal to accelerate becoming self-reliant". – For the labour market this means potentially greater availability of workers. It is also a need to invest in language and adaptation training – Krzysztof Inglot sums up.

Main conclusions

Winding down the Ukrainian special law in practice means transferring most of its provisions into other laws. The labour market will still remain open to workers from across the eastern border, though over time there may be more formalities. In the three-year transition period, the legislator wants to maintain the possibility of taking on Ukrainian citizens for work on the basis of a notification to the labour office. However, the new regulations coincide with rising costs of legalising work — submitting many documents already costs more now. Restrictions on benefits and health protection may motivate people to work, but also lead to migrants leaving Poland. It cannot be ruled out that some people, e.g. mothers caring for children on their own, will consider returning home.

Article published in issue No. 413 Katarzyna Witwicka-Jurek Journalist

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