Permanent residence card — non-EU family member of an EU/EEA/Swiss citizen

Third-country nationals and stateless persons who, within the meaning of the Act on entry, are family members of an EU citizen who has confirmed the right of residence in Poland, or specified family members of a Polish citizen,

Within the meaning of the immigration regulations EU citizen is every foreigner who holds: citizenship of one of the EU member states (other than Poland): Austria, Belgium, Bulgaria, Croatia citizenship of an EFTA member state – party to the EEA agreement: Norway, Iceland, Liechtenstein; citizenship of Switzerland.

Pursuant to 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 effect. These restrictions and conditions were adopted in Directive 2004/38/ECof the European Parliament and of the Council of April 29, 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, which was transposed into Polish law through the “Act on Entry.”

Category: EU citizens – employees, self-employed, economically inactive (e.g. retirees) and persons who - their right of residence extends to: spouse; the child and the child of their spouse – under 21 years of age or dependent on them or their spouse, the parent and the parent of their spouse remaining dependent on the EU citizen or their spouse, the parent of the minor EU citizen exercising actual custody and on whose maintenance the minor EU citizen remains. Category: EU citizens – Students and persons undergoing vocational training - the right of residence to which they are entitled extends to: spouse; a child dependent on them or their spouse.

Condition 2: The foreigner had the right to reside in Poland for more than 3 months within the required period.

Issuing authority the competent voivode with jurisdiction over the place of residence of the EU citizen with whom the family member resides; Launching the procedure upon request submitted by a family member of an EU citizen in person. Submitting the application via MOS is not possible at this time. Stamp duty is not charged Waiting period for tocument up to 6 months

The foreigner submitted the application in person, on the form, together with the necessary attachments; The application was submitted before the expiry of the Residence Card; When submitting the application, the foreigner presented a valid travel document and submitted fingerprints.

+ 4 current biometric photographs;

A family member of an EU citizen is considered to be: spouse of an EU citizen; the child of an EU citizen and the child of their spouse – under 21 years of age or dependent on them or their spouse; the parent and the parent of their spouse remaining dependent on the EU citizen or their spouse; the parent of the minor EU citizen exercising actual custody and on whose maintenance the minor EU citizen remains.

A family member of a Polish citizen returning to the country spouse of a Polish citizen (two situations) provided the Polish citizen, before returning to the country with the intention of permanent residence, held the right of residence or permanent residence in another provided that before acquiring Polish citizenship, the Polish citizen held citizenship of another EU member state the child of a Polish citizen and the child of their spouse – under 21 years of age or dependent on them or their spouse provided the Polish citizen, before returning to the country permanently, held the right of residence or permanent residence in another rparent of a Polish citizen and parent of his/her spouse – remaining dependent on the Polish citizen or his/her spouse provided the Polish citizen, before returning to the country permanently, held the right of residence or permanent residence in another the parent of the minor Polish citizen, exercising actual custody of the minor and on whose maintenance the minor remains

The foreigner, who nabył prawo stałego pobytu w Poland how / aso członek rodziny obywatela UE, wydaje się, na jego application, a permanent residence card with the annotation "family member of an EU citizen, Art. 20 of Directive 2004/38/EC".

You will acquire the right of permanent residenceafter 5 years of continuous residence in Poland with an EU citizen or a citizen of the Republic of Poland, if you have fulfilled at least one of the conditions for the right of residence set out in Article 18, Article 18a, Article 19(2) or (3) or Article 19a of the Entry Act.

An uninterrupted stay does not imply the absence of any departure from Poland, and a stay is considered to be uninterrupted ifbreaks did not exceed a total of six months in a year. The exceptions are situations related to compulsory military service or resulting from an important personal situation (related to pregnancy, childbirth, illness, studies, vocational training, secondment), provided that the interruption has not lasted for more than 12 consecutive months.Pobyt interrupts (i.e. resets) the implementation of the decision on expulsion from the territory of Poland.

If you are married to a Polish citizen, you will acquire the right of permanent residenceafter 3 years of continuous residence in Poland, provided that during your stay you have fulfilled at least one of the conditions for the right of residence set out in Article 18, Article 18a, Article 19(2) or (3) or Article 19a of the Entry Act.

You will acquire permanent right of residence earlier, if you reside in Poland with an EU citizen who acquired that right as an employee or self-employed person under Article 45 of the Entry Act (e.g. in connection with retirement or permanent incapacity for work).

Card validity period 10 years. After this period it is subject to replacement, upon application.