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

Requirements

Case: Family member of a UK citizen who is a third-country national or stateless person

In the case of:

  • employed persons,

  • self-employed persons in Poland,

  • economically inactive persons,

  • as well as persons who have retained the right of residence on the terms set out in Article 17 of the above-mentioned Entry Act (Check – Case: Retention of the right of residence by an EU citizen),

- the right of residence of a citizen of the United Kingdom (as a beneficiary of the withdrawal agreement) extends to certain family members joining or staying with them on the territory of the Republic of Poland, i.e.

  • on the spouse of a citizen of UK,

  • for a child of a citizen of UK or a spouse of a citizen of UK (stepson/stepdaughter) under the age of 21,

  • for a child of a citizen of UK or a spouse of a citizen of UK (stepson/stepdaughter) dependent on them or the maintenance of their spouse,

  • a parent of a citizen of l or a parent of a spouse of citizen of UK (father-in-law/mother-in-law) who is dependent on a citizen of UK or their spouse,

  • a parent of a minor citizen of the UK, who has effective custody of that minor EU citizen and on whose maintenance that minor EU citizen remains.

In the case of students/doctoral students and those undergoing vocational training, this right is

Extends:

  • on the spouse of a citizen of UK

  • for a child of a citizen of UK dependent on them or dependent on their spouse

- joining or staying with them in the territory of Poland.

This means, therefore, that a family member of a citizen of UK, in order to obtain a residence card, does not have to meet the conditions of residence on their own – it is enough that these conditions are met by a citizen of UK, to whom they join or with whom they stay in Poland.

However, they should meet the formal requirements related to obtaining a residence card, including: submit the application in person at the latest on the next day after 3 months from the date of entry into Poland, on the form, together with the necessary attachments, as well as present a valid travel document and fingerprints (except for a minor under 6 years of age and a person, from which fingerprinting is impossible).

The condition for the use of derivative rights is the qualification of a family member of a citizen of UK to the group of beneficiaries of the withdrawal agreement.

To belong to this group, they must demonstrate that:

  • exercised their right of residence in Poland in accordance with EU law before the end of the transition period, and after 31 December 2020 they continue their stay in Poland

  • before the end of the transition period, they lived outside Of Poland, then already being the above-mentioned family members of a citizen of UK (i.e. m.in. they got married before January 1, 2021 - in the case of spouses or were born / became stepchildren before that date - in the case of descendants), and at the moment they live in Poland and meet the conditions appropriate for acquiring the right of residence to join a family member.

  • in certain cases (see the explanation in the stage: Introduction) - were born or adopted by a citizen of the UK after the end of the transition period.

However, they should comply with the formal requirements related to obtaining a residence card, including: submit the application in person at the latest on the next day after 3 months from the date of entry into Poland, on the form, together with the necessary attachments, as well as present a valid travel document and fingerprints (except for a minor under 6 years of age and a person, from which fingerprinting is impossible).

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