Commissioner for Human Rights

The Commissioner for Human Rights presented his opinion on the draft law amending the law on assistance to Ukrainian citizens in connection with the armed conflict in Ukraine and certain other laws (UD249). 

Given that the proposed solutions in the draft could have negative consequences for the protection of foreigners' rights, Marcin Wiącek asked Maciej Duszczyk, Undersecretary of State at the Ministry of the Interior and Administration, to take his comments into account during the legislative process. The draft has already been submitted to the Sejm and referred for the first reading (print no. 1492).

The draft law extends until 4 March 2026 the suspension of deadlines in proceedings before voivodes on temporary and permanent residence permits, long-term EU resident permits, their withdrawal, and changes to residence and work permits. The CHR has repeatedly criticised this solution, as it deprives foreigners of legal remedies against administrative inactivity or delays, removing these safeguards for almost four years.

It also abolishes the option of applying for a PESEL number and having fingerprints taken at the place of residence for people who are unable to attend a municipal office due to health reasons or a disability. For some Ukrainian citizens, this was the only way to obtain a PESEL UKR number, which is necessary for a lawful stay in Poland and access to benefits. Coupled with the requirement to apply without delay, the removal of mobile services creates additional barriers for those whose health or disability prevents timely in-person applications.

The proposal sets 31 October 2025 as the deadline for admitting new residents, except for vulnerable groups, to Collective Accommodation Centres. This may limit support for Ukrainians who are still unable to live independently, including victims of violence, people experiencing a mental health crisis, and individuals in employment who cannot afford housing. Increasing the minimum number of residents required for a facility to qualify as a centre from 10 to 20 would also result in smaller sites closing, thereby reducing availability in smaller towns and regions. In the event of a sudden deterioration in the situation in Ukraine, the system would lack the flexibility required to accommodate new arrivals.

The draft further restricts special residence authorisation under Article 42a(1) of the Assistance Act to one occasion only. This fails to reflect the changing circumstances of Ukrainians in Poland, whose reasons for staying may change over time. The current provision ensures stability and legal protection, and maintaining it is essential for preventing irregular stays.

Finally, the deadlines for asylum cases before the Head of the Office for Foreigners are set to be suspended until 4 March 2026. This undermines procedural guarantees, as a timely examination is central to safeguarding applicants' rights. The exclusion of rules on administrative inactivity, excessive delay, and claims against the authorities removes accountability and judicial oversight, raising constitutional concerns under Articles 45(1) and 77(2) of the Constitution, which guarantee the right to a fair hearing without undue delay and forbid laws that close judicial remedies, respectively.

https://bip.brpo.gov.pl/pl/content/rpo-pomoc-obywatelom-ukrainy-projekt-zmian-opinia