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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