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

Residence card (with the annotation: “family member of an EU citizen, Article 10 of Directive 2004/38/EC”) confirms that a family member of an EU citizen (who is not an EU citizen), as well as a family member of a citizen of Iceland, Liechtenstein, Norway, or Switzerland, has the right to reside in Poland for more than 3 months.

third-country nationals and stateless persons who, within the meaning of the Entry Act, are family members of EU citizens exercising the right to free movement of persons within the EU in Poland;

A foreigner who toes not have EU citizenship himself may acquire the right of residence in Poland as a family member of a Union citizen who has acquired such right in Poland. This means that the family member does not have to independently meet the conditions of residence – it suffices that these conditions are met by the EU citizen who is being joined or with whom the person is residing.

Category: Employees, self-employed, economically inactive (e.g. retirees) and persons who - the right of residence available to them 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: 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.

As an authorised member of the immediate family of an EU citizen who toes not hold EU citizenship, you, you may stay in Poland for up to 3 months without the need to meet any other conditions than holding a valid travel document and a residence visa, if required. If you wish to stay longer, you must meet the conditions of stay specified in the law and you should obtain a residence card. You should also complete registration formalities.

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.

When submitting the application, they presented a valid travel tocument and submitted fingerprints.

Issuing authority the provincial governor competent for the place of residence of: an EU citizen whom the family member is joining or with whom they are residing in Poland; the family member of the EU citizen—in cases where the residence card is issued to a family member who has retained the right of residence despite not residing with the EU citizen. No fee is charged is not charged Waiting period for the document up to 6 months Validity period of the card 5 years or less (in accordance with the duration of the EU citizen’s intended stay in Poland, which is less than 5 years).

Do this in person at least 30 days before your current document expires

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.

This document also: confirms the identity and citizenship of the foreign national during their stay in Poland; entitles the holder to cross the Polish border multiple times without the need to obtain a visa or meet the entry requirements for visa-free travel, upon presentation of a valid travel document; entitles the holder to travel within the Schengen Area for a period not exceeding 90 days within any 180-day period, provided they meet the entry and short-term stay requirements in another Schengen country; confirms the holder’s rights arising from the status of a family member of an EU citizen.

After 5 years of uninterrupted residence, they will acquire the right to permanent residence.

Derived right of residence - cases of retention of the right of residence by a family member of an EU citizen You will not lose your right of residence in the event of: death of a Polish or EU citizen (which you held and through which you exercised your right of residence in Poland) -if he had resided in Poland for at least one year before his death; divorce orannulment of a marriage to a Polish or EU citizen (which you held and through which you exercised your right of residence in Poland)in 4 cases: the marriage lasted not less than 3 years before the initiation of the proceedings for divorce or annulment of marriage, including at least one year during the residence of the EU citizen / Polish citizen in Poland; as a former spouse, you have custody of the children of an EU/RP citizen on the basis of an agreement or court decision; as a former spouse, you have the right to visit your minor child on the basis of an agreement or a court decision - where it follows that the visitation takes place in Poland; when justified by particularly compelling circumstances, including, inter alia, the use of violence during the marriage; A school-going or studying child of an EU or Polish citizen andthe parent with custody of that child retain their right of residence until the end of their education or studies, in the case of death or departure from Poland of that citizen.