UKR Status vs. Standard Foreigner Status (NUE) in Poland: Legal Framework, Loss, and Restoration
Overview of UKR and NUE Statuses
After 2022, Poland introduced a special registry marker UKR, indicating that a person benefits from the temporary protection regime granted to Ukrainian citizens.
If this marker is absent, a foreigner is classified as NUE – a standard non-EU foreigner without any special migration regime.
Both UKR and NUE exist only at the PESEL registry level, but their legal consequences are fundamentally different.
The legal basis for the UKR regime is the Act of 12 March 2022 on Assistance to Ukrainian Citizens in Connection with the Armed Conflict on the Territory of Ukraine, in particular Article 2(1), which recognises the stay of Ukrainian citizens as legal if statutory conditions are met.
Legal Meaning of the UKR Status
The UKR marker is not a document and does not constitute an independent right.
Its sole function is to confirm that a person remains under the temporary protection regime.
This regime activates specific rights, including:
- legal stay in Poland,
- access to the labour market without a work permit,
- social benefits,
- healthcare,
- use of the electronic document Diia.pl.
Legally, UKR is not a residence status stamped in a passport, but a conditional legal regime that applies only as long as statutory requirements are met.
A change of the registry status reflects a change of the legal basis of stay, not a change of personal data.
The PESEL number itself is permanent and is not cancelled when UKR is lost or restored, as follows directly from the Act on Population Records (ustawa o ewidencji ludności).
Granting of UKR Status: Legal Conditions
When UKR Applies
The temporary protection regime applies if both conditions are met:
- entry into Poland directly from Ukraine due to the war,
- submission of an application for a PESEL number to a municipality (gmina).
This is a registration mechanism, not a discretionary decision.
The municipal authority does not “grant” UKR – it merely records the legal situation arising directly from the statute.
Legally, UKR exists from the moment statutory conditions are met, not from the moment the registry entry is made.
Loss of UKR Status
General Rule
UKR is not permanent. It applies only as long as the circumstances defined in the special act continue to exist.
Loss of UKR occurs when a person:
- no longer meets the conditions of the special act, or
- switches to another migration regime.
Leaving Poland for More Than 30 Days
The most common reason for loss of UKR is staying outside Poland for more than 30 days.
Under Article 11(2) of the special act, such absence automatically terminates the right recognised under Article 2(1).
An exception applies only to business-related travel performed on behalf of a Polish-based entity (Article 11(3)).
Transition to Another Legal Migration Status
UKR also terminates automatically if a person:
- obtains a residence card,
- is granted refugee status or subsidiary protection,
- submits an application for international protection.
In these cases, the special act ceases to apply and UKR cannot be restored, as it is replaced by an independent legal regime.
Temporary Protection in Another EU Member State
Double temporary protection within the EU is not allowed.
Under Article 11(4), obtaining temporary protection in another EU country results in the automatic termination of the Polish UKR regime once data is exchanged between authorities.
Moreover, Article 2(3)(3) excludes the application of Polish temporary protection to Ukrainian citizens who already benefit from temporary protection in another EU Member State.
A transitional rule applies only to persons who already held PESEL UKR at the moment legislative amendments entered into force.
Registry Notifications and Exit Records
In practice, loss of UKR may result from registry notifications, including movements within the Schengen Area.
Even without passport stamps, official information transmitted by authorities or submitted by the individual may trigger a status change under Article 4(17a-17e) of the special act.
Restoration of UKR Status: Legal Limits
When Restoration Is Possible
UKR may be restored only if its loss was technical, not legal in substance.
Restoration is possible provided that the person:
- did not obtain another residence title,
- did not receive temporary protection in another EU country.
After re-entry from Ukraine, the temporary protection regime may be activated again.
How Restoration Occurs
Restoration may occur:
- automatically, upon entry through the external Schengen border,
- via a municipality, if automatic data exchange failed (common when entering through another Schengen state).
No new PESEL is issued – only the UKR marker is restored on the existing number.
When Restoration Is Excluded
Restoration is legally impossible for persons who obtained a residence card or another migration title replacing temporary protection.
Legal Consequences of Status Change
Loss of UKR results in the loss of all rights linked to temporary protection, including:
- legal stay,
- healthcare,
- work without a permit,
- Diia.pl access,
- social benefits.
NUE status itself is not negative, but it does not legalise stay.
Without another legal basis, the foreigner must legalise stay under general rules or leave Poland.
Restoration of UKR reinstates rights only from the date of re-entry, without retroactive effect.
Conclusions
UKR is not a technical label but a full legal regime defining the rights and limitations of Ukrainian citizens in Poland.
Its applicability depends on:
- factual presence in Poland,
- continued fulfilment of statutory conditions,
- absence of another migration title with priority.
Understanding the mechanisms of loss and restoration of UKR is critical for managing legal risks related to travel, status changes, and administrative procedures.
Ukrainian version of this article
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