In order to ensure the highest quality of our services, we use small files called cookies. When using our website, the cookie files are downloaded onto your device. You can change the settings of your browser at any time. In addition, your use of our website is tantamount to your consent to the processing of your personal data provided by electronic means.

Office for Foreigners

Back

Applications that may be submitted from January 1, 2022

Polish legislation aimed at ensuring the application by the Republic of Poland of the Withdrawal Agreement with regard to the residence rights of citizens of the United Kingdom and their family members, as well as other persons falling within the scope of application of this Agreement on the territory of the Republic of Poland after the transition period, provides for the application of the declaratory system referred to in art. 18 sec. 4 of the Withdrawal Agreement. This system provides for no obligation to obtain a new residence status and a residence document as a condition of legal stay in Poland on the basis of the Withdrawal Agreement. On the other hand, persons eligible for the right of residence under this Agreement are entitled to receive, in accordance with the conditions set out in the Directive 2004/38/EC, a residence document stating that it has been issued in accordance with this Agreement.

Failure to submit an application for a residence document under the Withdrawal Agreement by December 31, 2021. will not affect the residence rights of such persons in Poland, provided that the conditions for these rights provided for in the Withdrawal Agreement are met, including the requirement to continue their stay in Poland after the end of the transition period in accordance with the principle of continuity of residence referred to in Art. 11 of the Withdrawal Agreement. The residence rights of the beneficiaries of the Withdrawal Agreement in Poland result directly from this Agreement.

However, taking into account practical considerations regarding the exercise of the rights of the beneficiaries of the Withdrawal Agreement, it is recommended that all beneficiaries of the Agreement receive as soon as possible residence documents with an annotation referring to this Agreement. Obtaining such document will facilitate the use of the rights of the beneficiary of the Agreement when crossing the borders and during the stay in the territory of Poland.

The Act of December 10, 2020. on the amendment to the Act on the entry into the territory of the Republic of Poland, residence and departure from this territory of citizens of the European Union Member States and their family members and some other acts (Journal of Laws item 2369) provides that residence documents issued to citizens of the United Kingdom and their family members until the end of the transition period, i.e. until December 31, 2020. (i.e. certificate of registration of residence of an EU citizen, a document confirming the right of permanent residence, a residence card of an EU citizen's family member and a permanent residence card of an EU citizen's family member) will remain valid for the period for which they were issued, but not longer than until 31 December 2021. Therefore, it will be possible to apply for a new residence document with an annotation referring to the Withdrawal Agreement (replacement of the document) only until December 31, 2021.

Proceedings in these cases are simplified, UK citizens and their family members who have a certificate of registration of residence of an EU citizen or a residence card of an EU citizen's family member do not have to demonstrate compliance with the conditions of the right of residence as at the date of issuing a document with an annotation referring to the Withdrawal Agreement. It is sufficient to prove that they are beneficiaries of the Withdrawal Agreement.

In addition, in accordance with the above mentioned Act, in the event of submitting an application for obtaining a residence document under the Withdrawal Agreement by 31/12/2021. the applicant will be issued a certificate of application serving as a provisional residence document entitling to short-term travels within the territory of the Schengen countries.

Please, be informed that if it is not possible to submit the application in person by the end of 2021. it is possible to send the application by post by the end of 2021. to the voivode competent for the place of residence of a UK citizen or family member. The deadline is considered to be met if, before its expiry, the letter (the application) was posted at the Polish post office of the designated operator within the meaning of the Act of 23 November 2012 – the Postal Law, which is Poczta Polska Spółka Akcyjna. The applicant will then be called by the authority to appear in person.

Moreover, in particularly justified cases, including due to the health condition of a United Kingdom citizen or his/her family member, the voivode may waive the requirement to appear in person.

 

Starting from January 1, 2022. United Kingdom nationals and their family members who had residence documents issued until the end of the transition period, i.e. until 31/12/2020. (certificate of registration of residence of an EU citizen, a document confirming the right of permanent residence, a residence card of an EU citizen's family member and a permanent residence card of an EU citizen's family member), will be able to submit new applications in these matters, just like UK citizens and their family members, who are beneficiaries of the Withdrawal Agreement but who did not obtain the above-mentioned residence documents by the end of the transition period, i.e .:

- application for registration of residence (for UK citizens who are beneficiaries of the Withdrawal Agreement),

- application for a document confirming the right of permanent residence (for UK citizens who are beneficiaries of the Withdrawal Agreement),

- application for a residence card (for a family member who is not a UK citizen),

- application for a permanent residence card (for a family member who is not a UK citizen).

United Kingdom nationals and their family members with a certificate of registration of EU citizen residence or a residence card of an EU citizen's family member, which will expire on 31/12/2021 and who have not yet acquired the right of permanent residence, will have to prove that they are beneficiaries of the Withdrawal Agreement in Poland and moreover, that they meet the conditions of the right of residence for a period exceeding 3 months as at the date of issuing a document containing an annotation referring to the Withdrawal Agreement (United Kingdom national should prove that he or she has the status of an employee or self-employed person currently, or that he/she is economically self-sufficient, having sufficient financial resources for himself/herself and his/her dependent family members and having adequate comprehensive health insurance, or that he/she is a student or is undergoing vocational training in the Republic of Poland and has sufficient financial resources and adequate comprehensive health insurance, or that he/she is a spouse of a Polish citizen).

Holders of a document confirming the right of permanent residence or a permanent residence card of a family member of an EU citizen, which will expire on December 31, 2021, will not, however, have to prove again that they acquired the right of permanent residence in Poland, as the right is acquired under the law.

Applicants submitting applications for a residence document under the Withdrawal Agreement from 1 January 2022 will not be issued with an application certificate serving as a provisional residence document. They will be able to obtain an ordinary confirmation of their submission of application upon request. The residence rights of the beneficiaries of the Withdrawal Agreement in Poland applying a declaratory scheme under art. 18 (4) of the Agreement result directly from this Agreement.

{"register":{"columns":[]}}