Right of permanent residence of an EU citizen

Regulations

In accordance with Article 21(1) of the Treaty on the Functioning of the European Union, every citizen of the European Union has the right to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in the Treaties and in the acts adopted to give them implementation.

These restrictions and conditions have been adopted in Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of residence of Union citizens and their family members to move and reside freely within the territory of the Member States (OJ L ..., p. EU L 158, 30.4.2004, p. 77).

It has been implemented into Poland legal order by:

• the Act of 14 July 2006 on entry into, stay and exit from the territory of the Republic of Poland of citizens of the Member States of the European Union and their family members (i.e., Journal of Laws of 2019, item 293 of późn.zm), hereinafter referred to as the Entry Act.

The requirements for the acquisition by an EU citizen of the right of permanent residence in Poland and the procedure for obtaining a document confirming this right are regulated in the Regulations of Chapter 4 of the aforementioned Act – Right of permanent residence.

Detailed issues concerning the m.in model application forms in matters concerning the issue and exchange of a document confirming the right of permanent residence and the documentation to be attached to applications are regulated in:

• Regulation of the Minister of Internal Affairs and Administration of 26 July 2021on applications and documents regarding the right of permanent residence on the territory of the Republic of Poland of citizens of the European Union and their family members (i.e., Journal of Laws, item1391).