According to Article 21(1) of the Treaty on the Functioning of the European Union, every person holding the citizenship of one of the Union’s countries has the right to move freely and reside within the territory of the Member States, subject to the limitations and conditions laid down in the treaties and acts adopted for their implementation.
Polish authorities have aligned national legislation with European regulations concerning the conditions necessary to acquire the right of residence, as well as the procedures for registering the residence of EU citizens, on July 14, 2006, through the Act on entry into the territory of the Republic of Poland, residence and departure from this territory of citizens of the European Union Member States and members of their families. In this article, we will outline the details of the procedure for registering the residence of a European Union citizen, as well as for members of their family.
1. Who can register the residence of a European Union citizen?
As the name of the document suggests, the residence registration procedure applies to:
- citizens of EU member states,
- citizens of European Economic Area countries not belonging to the European Union (Iceland, Liechtenstein, Norway),
- citizens of countries not party to the European Economic Area agreement who benefit from the freedom of movement based on agreements (Switzerland, the United Kingdom – excluding the Channel Islands and the Isle of Man – with regard to persons covered by the subject matter of the Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community),
who plan to stay in Poland for more than 3 months.
An application for the registration of an EU citizen’s residence shall be submitted in person no later than on the next day after the expiry of 3 months from the date of entry into the territory of the Republic of Poland.
2. What documents should be attached to the application?
In addition to the application for the registration of the residence of an EU citizen, the basic documents that must be submitted include:
- a valid travel document or other document confirming identity and citizenship,
- 4 biometric photos, taken no earlier than 6 months before the date of submitting the application.
Furthermore, depending on the nature of the stay of the EU citizen in Poland, additional documents may be required – for example, in the case of employment in the territory of the Republic of Poland, a written statement from the employer or an authorized entity about the intention to employ or a certificate of employment must be attached to the application, and if the foreigner has been seconded to work in a branch of the employer located in Poland – a certificate of secondment. It may also be required to present confirmation of having health insurance.
In accordance with the Code of Administrative Procedure, confirmation of the registration of the residence of an EU citizen should be issued within 30 days from the date of submitting the application, and in particularly complicated cases – within 2 months.
Registration of the residence of an EU citizen is valid for 10 years.
3. Residence Card of a Family Member of a Union Citizen
Family members of a Union citizen who are not citizens of a Member State may apply for a residence card for family members of a Union citizen. Such an application must be submitted no later than the next day after the expiration of 3 months from the date of entry into the territory of the Republic of Poland. This obligation arises from Article 20(1) of the law mentioned at the beginning of this article.
Family members of a Union citizen include:
- Spouse of a Union citizen
- Child of a Union citizen or a child of their spouse under 21 years of age
- Child of a Union citizen or a child of their spouse who is dependent on them or their spouse
- Parent of a Union citizen or a parent of the spouse of a Union citizen who is dependent on the Union citizen or their spouse
- Parent of a minor Union citizen who is in fact caring for them and on whose support this minor Union citizen remains
The application for a residence card for a family member of a Union citizen must include, among other things, a copy of a valid travel document, 4 biometric photos taken no earlier than 6 months before the date of application, a certificate of registration of the residence of the Union citizen with whom the applicant resides in the territory of the Republic of Poland, and documents confirming the circumstances referred to by the applicant in the application (e.g., marriage certificate confirming marriage with a Union citizen or birth certificate of a child of a Union citizen).
Importantly, the residence card for a family member of a Union citizen is valid for 5 years, unless the planned stay of the Union citizen to whom the family member is joining is shorter than 5 years – in which case, the card issued to the family member of the Union citizen is valid for the intended period of stay of the Union citizen in Poland.
Individuals wishing to legalize their stay in Poland or that of their family members, as well as employers hiring foreigners, are invited to contact us. You can count on full support in obtaining all types of permits, and our experience will certainly contribute to a smooth transition through all processes.
