Definitions

‘EU citizen’ refers to a foreign national who is a citizen of another Member State of the EU/EEA or of Switzerland. Under Polish law, a foreign national is anyone who does not have Polish citizenship.

‘Family member of an EU citizen’ refers to a foreign national who is or is not an EU citizen:

1. the spouse of an EU citizen,
2. a direct descendant of the EU citizen or their spouse who is less than 21 years old or dependent on the EU citizen or their spouse,
3. a direct ascendant of the EU citizen or their spouse who is dependent on the EU citizen or their spouse – accompanying or staying with that EU citizen,
4. a direct ascendant of a minor EU citizen who has effective custody of that minor and on whom that minor EU citizen remains dependent. 

Entry

An EU citizen may enter the territory of the Republic of Poland on the basis of a valid travel document or another valid document confirming his/her identity and citizenship.

A family member who is not an EU citizen, accompanying or joining the EU citizen, may enter the territory of the Republic of Poland on the basis of a valid travel document and a visa unless the visa is not required. Residence card issued to family member on a basis of Art. 10 or 20 of the Free Movement Directive in the EU country exempts from the visa requirement. Entry without a visa is also possible on a basis of a valid residence permit or a valid long-stay visa, issued by another Schengen state.

Right of residence for up to 3 months

EU citizens and their family members who are not EU citizens have the right of residence in Poland for a period of up to three months without having to meet any of the conditions of residence other than the requirement to hold a valid travel document. EU citizens may have another valid document as proof of identity and citizenship.
EU citizens who entered the territory of Poland to seek employment may stay in that country without having to meet the conditions of residence for a maximum of six months, unless, after this period, they can provide evidence that they are continuing to seek employment and that they have a genuine chance of being engaged. During this period, the EU citizen is obliged to have a valid travel document or another valid document as proof of their identity and citizenship.

Right of residence for more than 3 months

If residence in the territory of the Republic of Poland is longer than three months, the EU citizen and their family member with EU citizenship are required to register their residence, whereas a family member who is not an EU citizen is required to obtain a residence card for a family member of an EU citizen. The obligation to register residence does not apply to EU citizens who exercise their right of residence to seek employment, as referred to above.

In order to register an EU citizen (including their family members who are also EU citizens) and obtain a residence card for a family member of an EU citizen, that citizen must comply with the conditions for residence of more than 3 months.

The EU citizens  have the right of residence for a period longer than 3 months if they meet one of the following conditions:

1. they are an employee or a self-employed person in the territory of the Republic of Poland;
2. they have sufficient resources for themselves and their family members not to become a burden on the social assistance system of the Republic of Poland during the period of residence, and have appropriate sickness insurance cover (is covered by universal health insurance or is a person entitled to healthcare services under the provisions on coordination within the meaning of Article 5 point 23 of the Act of 27 August 2004 on health care services financed from public funds or has private health insurance, covering all expenses that may arise during a stay in Poland in connection with the need for medical assistance or hospital treatment, in which the insurer undertakes to cover the costs of health services provided to the insured directly to the entity providing such services on the basis of the invoice issued by this entity);
3. they are studying or undergoing vocational training in the Republic of Poland, and: 

• have sufficient resources for themselves and their family members not to become a burden on the social assistance system of the Republic of Poland during the period of residence, and have appropriate sickness insurance cover (as above),

4. they are married to a Polish citizen.

Right of permanent residence

An EU citizen who has resided legally (in accordance with the conditions of the right to stay for period longer than 3 months) in the Republic of Poland for a continuous period of five years acquires the right of permanent residence. Their family member who is not an EU citizen acquires the right of permanent residence after having resided, together with the EU citizen, in the Republic of Poland for a continuous period of five years.

An EU citizen or a family member who is not an EU citizen who is a spouse of a Polish citizen acquires the right of permanent residence after three years of uninterrupted legal stay (in accordance with the conditions of the right to stay for period longer than 3 months) on the territory of the Republic of Poland. 

Continuity of residence in the territory of the Republic of Poland shall not be affected by absences not exceeding a total of 6 months a year. Continuity of residence in the territory of the Republic of Poland shall not be affected by absences of more than 6 months due to:

1. compulsory military service, or
2. an important personal situation, in particular pregnancy, childbirth, illness, studies, vocational training, secondment, which requires staying outside this territory, provided that this period is not longer than 12 consecutive months.

An EU citizen who has acquired the right of permanent residence in accordance with the conditions set out in this chapter is issued upon application with a document certifying the right of permanent residence.

A family member who is not an EU citizen and has acquired the right of permanent residence in accordance with the conditions set out in this chapter is required to obtain a permanent residence card for a family member of an EU citizen.

Family members of Polish citizens 

The above mentioned rules on entry and residence concern also the same categories of family members of a citizen of the Republic of Poland returning to Poland after exercising the freedom of movement – i.e. foreigners who are not EU citizens, if the following conditions are met jointly:

• a citizen of the Republic of Poland, immediately before arriving on the territory of the Republic of Poland, had the right of residence for more than 3 months or the right of permanent residence in another EU/EEA Member State, in the Swiss Confederation or in the United Kingdom of Great Britain and Northern Ireland,
• marriage with a citizen of the Republic of Poland was concluded or family life with a citizen of the Republic of Poland was developed or strengthened before staying in another EU/EEA Member State, in the Swiss Confederation or in the United Kingdom of Great Britain and Northern Ireland or while staying in that country,
• a citizen of the Republic of Poland intends to live again on the territory of the Republic of Poland permanently.The above mentioned rules on entry and residence concern also a foreigner who is not an EU citizen and who is a spouse of a Polish citizen previously holding a citizenship of another EU/EEA Member State, Swiss Confederation or the United Kingdom of Great Britain and Northern Ireland.

Legal basis

Act of 14 July 2006 on entry into, residence in and departure from the territory of the Republic of Poland of nationals of the Member States of the European Union and members of their families (Journal of Laws (Dziennik Ustaw) of 2021, item 1697, as amended) with implementing acts.