Residence card of a family member of a United Kingdom citizen – the beneficiary of the withdrawal agreement

Documents

A family member of a citizen of UK or a citizen of the Republic of Poland, who is not an EU citizen, applying for a residence card, submits to the voivode competent for the place of their stay:

• completed, in accordance with the instruction, the application form for issuing a residence card – under pain of leaving the application unexamined;

  The rules for completing the application are presented in the next stage: "Completing the application".

• 4 up-to-date photographs that clearly show the foreigner's face, without a hat and obscuring lenses, meeting the detailed criteria defined by law, i.e., undamaged, in colour, with good sharpness; 35 mm x 45 mm; made not earlier than 6 months before the date of submitting the application; showing the face from the top of the head to the top of the shoulders, so that the face covers 70-80% of each photo, against a uniform light background, showing the foreigner facing straight, with open eyes, uncovered hair, with a natural face expression and closed mouth, as well as showing the natural the colour of their skin; clearly showing the foreigner's eyes, especially their pupils, and the foreigner's eye line parallel to the upper edge of the photograph - under pain of not processing the application.

The regulations allow for a situation in which:

• a foreigner who wears a headgear in accordance with the rules of their religion attaches to the application photographs showing their in this headgear, provided that the headgear cannot cover or distort the oval of the face, and they will attach a declaration of the foreigner on belonging to a religious community;

• a foreigner with congenital or acquired eye defects may attach to the application photographs showing their wearing glasses with dark lenses. In this case, however, they should attach documents confirming the disability, and if it is not possible to present them, submit a declaration of disability,

• the application will be accompanied by photographs with closed eyes, other than a natural expression of the face or with an open mouth, if it is objectively justified (e.g., by their health condition).

• a photocopy of a valid travel document (at the same time presented to the person accepting the application with its original for inspection - under pain of no processing the application);

A family member of a citizen of the UK citizen also submits a copy of the certificate of registration of residence of a citizen of the United Kingdom, issued to the citizen of the withdrawal agreement, with whom they reside in Poland, while the family member of the Citizen of the Republic of Poland: a copy of the spouse's identity document, a document confirming the right of residence or the right of permanent residence in the United Kingdom and their declaration of intention to return to Polish permanently. In both cases, the foreigner also submits a statement on the date of the last entry into Poland.

A family member of a UK citizen should also document that they fulfil the conditions necessary to be considered a beneficiary of the exit agreement.

To this end, it should present:

• a statement submitted in writing and signed on the continuation of the stay on the territory of Poland after 31 December 2020 with an indication of absence exceeding 6 months within 12 months preceding the submission of the application or other evidence confirming that they resided in Poland on 31 December 2020 or earlier (e.g. confirmation of registration, employment contract, apartment rental contract, electricity bill, contract for Internet services, telephone, evidence of recent entry into Poland as tickets, etc.)

In addition:

• if you are the spouse of a citizen of UK present:

- a document confirming the conclusion of the marriage (e.g., a current copy of the marriage certificate issued not earlier than 3 months before the date of submission of the application).

• if you are a direct descendant of a UK national (i.e. you are a child of that UK national or their stepchild / stepdaughter, under the age of 21 or dependent on a UK national or their spouse), present:

- a copy of the birth certificate and possibly other documents confirming your age and the existence of family ties (e.g. a parent's marriage certificate)

- (additionally, also if you are over the age of 21) documents confirming that you are dependent on the parent / stepmother or stepfather (e.g. declaration of the parent / stepmother or stepfather about being their dependent).

• if you are their direct ascendant (i.e. you are the parent of the UK national or their father-in-law / mother-in-law and you are dependent on them or the son-in-law / daughter-in-law), present:

- a document confirming the existence of family ties (i.e. the child's birth certificate and possibly the child's marriage certificate)

- a document confirming the maintenance of a UK national or their spouse.

• if you are a direct ascendant of a minor UK national, present:

- a document confirming actual care of the minor and a document confirming that the minor is dependent on you.

Remember!

• The documents should be attached in the original or in a copy certified to be a true copy of the original by a notary public or the party's attorney who is an attorney-at-law or legal advisor. Certification of the compliance of the copy with the original may also be done by an authorized employee of the voivodeship office in the administration office, upon presentation of the original document;

• Documents drawn up in a foreign language must be presented together with a sworn translation into Polish. The register of sworn translators is kept by the Ministry of Justice and is available at the link: https://arch-bip.ms.gov.pl/pl/rejestry-i-ewidencje/tlumacze-przysiegli/lista-tlumaczy-przysieglych/search.html

• documents closely related to each other should be presented jointly and remain valid on the date of presentation (copies of marital status records should be issued not earlier than 3 months before submitting the application).