Brexit – 3 months left to exchange documents
Since the beginning of the year, over 3 thousand citizens of the United Kingdom and the members of their families have filed applications for the issuance of residence permits. They confirm the use of the rights of the beneficiary of the Withdrawal Agreement when crossing the border and during the stay in Poland. The possibility to replace the residence permits issued before the end of 2020 remains open only up to 31st December 2021. That is why it is recommended to file the applications as soon as possible.
The United Kingdom withdrew from the European Union on the basis of the Withdrawal Agreement. The document contains, among others, the rules governing the stay of the citizens of the United Kingdom and the members of their families in Poland. Since January 1st, 2021, they hold the right of residence under the existing conditions if they have been using the right of residence pursuant to the EU laws before the end of 2020 and they continue to remain in the country.
Residence permits issued to the citizens of the United Kingdom and the members of their families before the end of 2020 remain valid for the entire period they were issued for, however no longer than up to December 31st of 2021. Until the end of the year, the beneficiaries of the Withdrawal Agreement have the right to file applications to have their documents replaced at voivodship offices. The administrative proceedings in such cases are simplified.
The persons who did not hold residence permits are allowed to register their stay (citizens of the United Kingdom), or to apply for the issuance of the residence card (family members of the citizens of the United Kingdom which do not have British citizenship). So far, this possibility was used by 3.1 thousand persons. Applicants who submit their application by 31 December 2021 will receive an application certificate valid for 1 year, serving as a temporary residence permit.
The application for the issuance of the new residence permit, registration of stay or the issuance of residence card must be submitted in person in the Voivodeship Office having jurisdiction over the place of residence. Forms dedicated to the beneficiaries of the Withdrawal Agreement apply. The administrative proceedings in such cases are free of charge.
The declaratory system applies with respect to the issuance of the aforementioned documents. There is no obligation to obtain such documents as a condition for legal stay in Poland. However, considering pragmatic reasons, it is recommended for all beneficiaries of the Withdrawal Agreement to receive new residence permits. Holding the documents is going to facilitate using the rights of the beneficiary when crossing the border and during their stay in the territory of Poland.
Holders of residence permits issued before the end of 2020 who do not submit an application for document replacement by 31 December 2021, in order to obtain a residence permit under the Withdrawal Agreement, will have to submit a new application, e.g. for registration of residence. The procedure in this case will not be simplified. Applicants submitting applications after 31 December 2021 will not receive an application certificate serving as a temporary residence permit.
Detailed information regarding the principles of stay of the citizens of United Kingdom and their family members after Brexit are available below.