Problems with the UKR status of war refugees from Ukraine. Response from the MSWiA
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Since the beginning of the armed conflict in Ukraine, the Commissioner for Human Rights has been closely monitoring the situation of war refugees arriving in Poland. Recently, many complaints have been received regarding difficulties in obtaining, reinstating, or reapplying for the UKR status, which is regulated by Act of March 12, 2022 on assistance to citizens of Ukraine in connection with the armed conflict on the territory of Ukraine.
The Commissioner has addressed these issues with the Government Plenipotentiary for Ukrainian War Refugees and the Head of the Social Insurance Institution (ZUS) multiple times in 2023. The primary concern is the inability to simultaneously benefit from temporary protection in more than one EU member state. The Act specifies that Ukrainian citizens who hold temporary protection in another EU country cannot be granted UKR status in Poland. Complaints indicate that some refugees are being denied UKR status due to their continued registration in the EU temporary protection platform.
This practice appears inconsistent with European Commission guidelines. According to the guidelines, a member state should not refuse registration of a person under temporary protection based solely on their registration in another member state. The new host country must ensure that the person receives the rights conferred by the EU law and update their status accordingly.
Another issue involves updating the Ukrainian citizens' data in the registry when they acquire new identification documents. Problems arise when refugees update their documents but do not reflect these changes in the registry, leading to unintended loss of UKR status. There are also complications for children whose parents lose access to their Diia.pl electronic documents upon receiving residence permits, affecting their ability to travel and prove their legal stay.
The Commissioner requested the Ministry of Internal Affairs and Administration (MSWiA) to address these issues by issuing guidelines to standardize procedures across local authorities and to consider alternative documentation formats for refugees, especially those who were digitally excluded.
In response, the MSWiA issued recommendations to local authorities to ensure uniform practices regarding UKR status and the impact of holding temporary protection in other EU countries. They also noted that updating personal data in the registry was crucial and provided information about the new regulations regarding temporary residence permits and family reunification, which were intended to address these challenges.
The MSWiA also emphasized ongoing support through written and telephone inquiries handled by the Border Guard, alongside updated information on their website and a newly developed brochure detailing recent legislative changes.
