Permanent residence card of a family member of a United Kingdom citizen

Requirements

In order for a family member of a United Kingdom citizen who does not have the citizenship of UK or EU/NO/LI/IS/CH to be able to obtain a permanent residence card, it is necessary that the following requirements must be met in a cumulative manner:

• does not have a permanent residence card of a family member of an EU citizen (if you have such a card, apply for a new permanent residence card before the end of 2021);

• is a family member of a citizen of the United Kingdom who has been listed in the regulations as entitled to exercise the right of residence in Poland on the basis of a withdrawal agreement (seethe explanation in the "Residence card" – "Requirements" tab.);

• stayed in Poland continuously, as a rule, for at least 5 years preceding the submission of the application for a permanent residence card, with the proviso that uninterrupted stay does not mean the absence of any departures from Poland and that the stay interrupts the execution of the expulsion decision and serving a prison sentence;

• the stay started before the end of the transition period, i.e., before 1 January 2021, and continued after that date, or in acceptable cases started after 31 December 2020 and continued for the required period;

• the stay during this period was in accordance with the Regulations applicable to the acquisition and retention of the right of residence by a family member of a United Kingdom citizen – the beneficiary of the withdrawal agreement (see the explanation in the "Residence card" – "Requirements" tab.);

• will meet the formal requirements, including submit the application in person, on the form, along with photographs and other necessary attachments, as well as show a valid travel document and fingerprints.

Remember!

• In certain cases, it is possible to acquire the right of permanent residence after a period of uninterrupted residence in Poland for less than 5 years.

An employee and a self-employed person - beneficiaries of the withdrawal agreement acquire the right of permanent residence after the expiry of:

● 3 years of uninterrupted residence – in the case of retirement (including early retirement), if immediately before for a period of 12 months they performed work or other gainful activity in Poland in their own name and on their own account;

● 2 years of continuous residence – if they ceased to perform work or other gainful activity in their own name and on their own account due to permanent incapacity for work (if the incapacity for work is the result of an accident at work or an occupational disease);

● 3 years of uninterrupted residence – if after 3 years of uninterrupted stay and performance in Poland of work or other gainful activity in their own name and on their own account performs work or other gainful activity in their own name and on their own account in another EU country, still staying in Poland (i.e., returning to Polish at least once a week);

- and consequently, this right is also acquired by their family members staying with them in Poland after that time.

• The method of calculating the period of residence required to establish the acquisition of the right of permanent residence is specific.

Remember!

• It is in the interest of the party to work closely with the authority on the application.

• When changing the delivery address, notify the authority of this fact.

• When going abroad, appoint a representative for service in Poland.

More information in: The most common mistakes.

The stay is interrupted by the execution of the expulsion decision and the imprisonment of a family member who is not a citizen of UK – in the case of return to Polish the stay is calculated from that date.