PESEL with UKR status: when it can be lost
UKR status on a PESEL number works automatically and expires just as automatically after a longer trip away from Poland.
Updated:
PESEL with UKR status confirms legal stay by operation of law and allows work without a permit: the employer only files a notification of entrusting work. The status expires automatically after leaving Poland for more than 30 days, without any office decision and without notice.
What PESEL with UKR status gives
A person with UKR status has legal stay without a separate administrative decision. This brings access to the labour market, healthcare and children's education. UKR status does not release the employer from the notification of entrusting work: the filing via praca.gov.pl still has to be made the same way. Once UKR status expires, this route stops working and a different basis for employment is needed.
The rules on labour market access are covered in the text on the rules of work for Ukrainian citizens in Poland, and the deadline and procedure for filing, in the text on the notification of entrusting work to a Ukrainian citizen.
When UKR status expires
The status expires by operation of law, without a decision and without notice, when a person stays outside Poland for more than 30 days. The basis is Article 4 of the act of 12 March 2022 on assistance to Ukrainian citizens in connection with the armed conflict on the territory of that state.
After this period passes, the marker next to the PESEL number automatically changes from UKR status to NUE status, and with it, the basis for working without a permit disappears. The table below shows the difference between the two markers.
| Feature | UKR status | NUE status |
|---|---|---|
| Basis of stay | legal, by operation of law | requires a separate basis (e.g. visa, residence permit) |
| Right to work | without a permit and without a declaration | depends on the residence document, as for other foreigners |
| When granted | upon registration under temporary protection | among others, automatically after losing UKR status |
The change of status can go unnoticed, because nothing in the employment records signals it. That is why, after a longer trip, it is worth checking the marker next to the PESEL number before returning to work.
How to regain UKR status
Loss of status is not always final. The procedure for regaining UKR status has changed along with amendments to the act on assistance to Ukrainian citizens, so it is worth confirming the current procedure at the municipal office. Until the status is regained, the ordinary legalisation path applies.
What UKR status does not replace
UKR status does not replace a residence card or a work permit in situations it does not cover, and it does not apply outside Poland. It is also sometimes confused with an ordinary PESEL number issued to every resident; that is a different number, with different rights.
What this means for the employer
Verifying the basis for work does not end on the hiring date. For employees with UKR status it is worth asking about longer trips at every return from leave, and under a contract of mandate after every longer break from work, because this helps catch a change of status in time.
When the marker changes to NUE, continued employment requires a different basis, for example a work permit or a residence card with labour market access. Preparing such documents takes time, so the earlier the change comes to light, the more calmly the ordinary legalisation path can be followed.
Support for employees from Ukraine also covers checking the current basis of stay.
Frequently asked questions
After how many days of absence from Poland is UKR status lost?
After more than 30 days of uninterrupted stay outside Poland. The status expires by operation of law, without an office decision and without notifying the person concerned.
What is NUE status?
It is the marker that the PESEL automatically changes to after UKR status is lost due to a longer trip away. It no longer gives the right to work without a permit.
Can lost UKR status be regained?
In many cases yes. The procedure for regaining the status depends on the current provisions of the act on assistance to Ukrainian citizens, so it is worth confirming it at the municipal office.
Does a business trip also count toward the 30-day limit?
Official sources tie the loss of status to the mere fact of staying outside Poland for more than 30 days and do not indicate an exception for business trips. For a longer trip, it is safer to check the marker next to the PESEL number after returning.
Until when does the temporary protection behind UKR status apply?
Temporary protection applies for the period set out in the regulations and is sometimes extended, so it is worth checking the current deadline at the office or on the gov.pl website.
The rules on residence and employment of foreign nationals change often, and much depends on citizenship, the basis of stay and the situation of the particular person. This text describes the general course of the procedure. Before filing documents, confirm the current state of affairs at the voivodeship office.
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