The so-called special act on Ukrainian refugees only allows to enter to the territory of Poland for the following categories groups of people, e.g., citizens of Ukraine who have entered Poland after 24 February 2022 and declare to stay on the territory of Poland.

Being a holder of a residence permit in Ukraine allows foreigners who are not citizens of Ukraine to apply for a dedicated type of temporary protection at the Office for Foreigners in Poland, however, this residence permit is not a document that allows a foreigner to cross the Polish border.

Unfortunately, there is no legal possibility for a citizen of a third country to enter the territory of Poland without having a Polish or Schengen visa.

Also, in special situations, the commandant of the Border Guard post after obtaining the consent of the Commander-in-Chief of the Polish Border Guard may allow foreigner to entry Poland for humanitarian reasons for a period of stay not longer than 15 days, if he/she does not meet one or more of the conditions allowing them for a legal entry and stay on the territory of Poland. The Polish Border Guard officer may take an extraordinary decision to allow the foreigner to entry Poland after considering the foreigner’s personal situation, clarification of the individual case and analysis of the presented personal and travel documents, however this depends on a discretionary decision of the Polish Border Guard officer and entry to Poland may still be refused. In case the decision is positive, the foreigner may try to apply for the temporary protection at the Office for Foreigners in Warsaw, Taborowa 33 street in person or by post (more information may be found here ).

If the non-Ukrainian citizen qualifies for temporary protecton in Poland (see How long can I stay in the country?) it is not advisable to apply for asylum. You can find more information concerning asylum in Poland at the link ). Please note that this whole procedure requires more formalities, including the lack of possibility to leave the territory of Poland during the procedure duration.

Foreigners who are not covered by the law on assistance to Ukrainian citizens in connection with the armed conflict on the territory of the country, but who belong to the category of displaced persons mentioned in Article 2(1) and (2) of the Council Implementing Decision stating the existence of a mass influx of displaced persons from Ukraine, may benefit from temporary protection under the Act on granting protection to foreigners within the territory of the Republic of Poland. This applies to:

• stateless persons or citizens of third countries other than Ukraine who can prove that before 24 February 2022, they were legally residing in Ukraine on the basis of a valid permanent residence permit issued in accordance with Ukrainian law and are unable to return to their country or region of origin in safe conditions
• stateless persons or citizens of third countries other than Ukraine (and their family members) who, before 24 February 2022, enjoyed international protection or equivalent national protection in Ukraine.
• The following persons are considered as family members if the family was already located and residing in Ukraine before 24 February 2022:
• spouse
• minor and unmarried children or children of the spouse, regardless of whether they were born in or out of wedlock or adopted
• other close relatives who lived together as a single family at the time when the circumstances leading to the mass influx of displaced persons occurred and who were wholly or partly dependent on the above-mentioned person at the time.

You can find out further information for non-Ukrainian citizens in Poland at the link .