Where and when to apply

An application for a residence card for a family member of an EU (EEA/Swiss Confederation) citizen who is a third country national is submitted by the family member in person (i.e. it is required to appear in person when submitting the application or at the request of the authority) to the competent province governor for the area where the EU citizen resides, no later than the next day after the end of the 3-month period following the date of entry into the territory of the Republic of Poland. A family member who is not an EU citizen is immediately issued with a certificate of application for the residence card.

The application in case of:

1. a minor –  is submitted (i.e. signed) by parents or guardians appointed by the court or other authority or by one of the parents or one of the guardians appointed by the court or other authority;
2. a totally incapacitated person remaining under parental authority is submitted by parents, and for those not remaining under parental authority is submitted by a guardian appointed by a court or other authority;
3. an unaccompanied minor –is submitted by a guardian.

When submitting an application for a residence card, the presence of a minor family member who is not an EU citizen and who is 6 years old by the date of submitting the application is required.

In particularly justified cases, including due to the health condition of an applicant, the requirement to appear in person may be waived.

Required documents

1. Completed application form for a residence card for a family member of an EU citizen;
2. A valid travel document (the original document available for inspection);
3. Four biometric photographs taken not earlier than 6 months before the date of application;
    

   Please note: Failure to submit any of the above-mentioned documents will result in the foreign national being requested to provide the missing documents within a deadline of not less than 7 days after service of the request, otherwise the application will not be considered.

    

4. An EU citizen residence registration certificate issued to an EU citizen with whom their family member resides in the territory of the Republic of Poland (or a document confirming permanent residence right of the EU citizen);
5. Other documents: 

• for spouses of EU citizens – a document confirming the conclusion of a marriage;
• descendants of the EU citizen or their spouse – a document attesting to the existence of a family relationship and proof of age or a document certifying that they are dependants of the EU citizen or their spouse;
• ascendants of the EU citizen or their spouse – a document attesting to the existence of a family relationship and a document certifying that they are dependants of the EU citizen or their spouse;
• direct ascendants of minor EU citizens - a document confirming actual custody of a minor EU citizen and a document confirming that a minor EU citizen is dependent on him/her;
• for family members of Polish citizens additional documents are also required:

1. a document confirming that 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, Swiss Confederation or in the United Kingdom of Great Britain and Northern Ireland,
2. proof confirming that the citizen of the Republic of Poland intends to live again on the territory of the Republic of Poland permanently (e.g. a written statement on the intention to re-establish permanent residence in this territory),
3. a document confirming that a citizen of the Republic of Poland previously held the citizenship of another EU/EEA Member State, Swiss Confederation or the United Kingdom of Great Britain and Northern Ireland, if applicable to spouses of such Polish citizens.
   
   Fingerprints are collected from a family member who is not an EU citizen applying for a residence card and who has reached the age of 6 by the date of submitting the application.
    

   Please note: If there is a need to provide explanations or clarification of the evidence held by a competent authority in a given case, the foreign national may be requested in the course of the proceedings to provide additional documents or give evidence of the circumstances referred to in the application.

   Required fees

   No fees are charged for issuing a residence card for a family member of an EU citizen. 

   Case processing time

   The residence card for a family member of an EU citizen is issued no later than within 6 months after submission of the relevant application.
   Information on the issued document

   A family member who is not an EU citizen is obliged to obtain a residence card for a family member of an EU citizen if the stay on the territory of the Republic of Poland lasts for more than 3 months. Such residence card confirms their right to stay in the territory of the Republic of Poland and – together with a valid travel document – entitles them to cross the border multiple times without a visa

   A family member who is not an EU citizen collects the residence card in person upon presentation of a valid travel document. If the residence card has been issued to a minor who has not turned 13 by the date of its collection, or to a completely incapacitated person, the residence card is collected by a parent, legal guardian or curator, respectively, upon presentation of a valid document confirming his/her identity. Receipt of a residence card issued to a completely incapacitated person or a minor who has reached the age of 6 by the date of submitting the application for a residence card requires the presence of that person. If the requirement to appear in person when submitting the application is waived, the residence card may be collected by a proxy, based on a special power of attorney to collect this document.

   The residence card for a family member of an EU citizen is valid for 5 years. If the intended stay in the territory of the Republic of Poland of the EU citizen whom the family member is accompanying or joining is less than 5 years – the card is valid for the intended period of stay of the EU citizen.

   Penalties for failure to obtain a residence card for a family member of an EU citizen

   Failure to comply with the obligation to obtain or replace a residence card for a family member of an EU citizen is punishable by a fine.