Withdrawal Agreement permanent residence — UK beneficiary

After the end of the transition period, from 1 January 2021, the United Kingdom citizens and their family members will, as a general rule, have the right to stay in Poland under the current conditions, if: – they exercised the right of residence in Poland in accordance with EU law before the end of the transition period (this also applies to the United Kingdom citizens who entered Poland after the Brexit date and before the end of the transition period); – they still live in Poland.

The residence rights of the beneficiaries of the Withdrawal Agreement in Poland result directly from this Agreement.

Polish legislation aimed at ensuring the application by the Republic of Poland of the Withdrawal Agreement with regard to the residence rights of citizens of the United Kingdom and their family members, as well as other persons falling within the scope of application of this Agreement on the territory of the Republic of Poland after the transition period, provides for the application of the declaratory system referred to in art. 18 sec. 4 of the Withdrawal Agreement.

residence documents issued to citizens of the United Kingdom and their family members until the end of the transition period, i.e. until December 31, 2020.

A United Kingdom citizen is entitled to the right of residence for a period longer than 3 months if one of the following conditions is met [4] : such citizen is an employee (excluding posted work ) or a self-employed person working on the territory of Poland; such citizen has sufficient financial resources to support themselves and their family members on the territory of Poland, so as not to be a burden for social assistance, and has adequate health insurance [5] ; such citizen is studying or undergoing vocational training in Poland and: has sufficient financial resources to support themselves and their family members on the territory of Poland, so as not to be a burden for social assistance, and has appropriate health insurance (as above); such citizen is a spouse of a Polish citizen.

The right of a frontier worker to continue work or gainful activity on his/her own behalf and for his/her own account in the territory of Poland as a frontier worker will arise directly from the Withdrawal Agreement.

This system provides for no obligation to obtain a new residence status and a residence document as a condition of legal stay in Poland on the basis of the Withdrawal Agreement. On the other hand, persons eligible for the right of residence under this Agreement are entitled to receive, in accordance with the conditions set out in the Directive 2004/38/EC, a residence document stating that it has been issued in accordance with this Agreement.

However, taking into account practical considerations regarding the exercise of the rights of the beneficiaries of the Withdrawal Agreement, it is recommended that all beneficiaries of the Agreement receive as soon as possible residence documents with an annotation referring to this Agreement.

Starting from January 1, 2022. United Kingdom nationals and their family members who had residence documents issued until the end of the transition period, i.e. until 31/12/2020. (certificate of registration of residence of an EU citizen, a document confirming the right of permanent residence, a residence card of an EU citizen's family member and a permanent residence card of an EU citizen's family member), will be able to submit new applications in these matters, just like UK citizens and their family members, who are beneficiaries of the Withdrawal Agreement but who did not obtain the above-mentioned residence documents by the end of the transition period, i.e .: - application for registration of residence (for UK citizens who are beneficiaries of the Withdrawal Agreement), - application for a document confirming the right of permanent residence (for UK citizens who are beneficiaries of the Withdrawal Agreement), - application for a residence card (for a family member who is not a UK citizen), - application for a permanent residence card (for a family member who is not a UK citizen).

United Kingdom nationals and their family members with a certificate of registration of EU citizen residence or a residence card of an EU citizen's family member, which will expire on 31/12/2021 and who have not yet acquired the right of permanent residence, will have to prove that they are beneficiaries of the Withdrawal Agreement in Poland and moreover, that they meet the conditions of the right of residence for a period exceeding 3 months as at the date of issuing a document containing an annotation referring to the Withdrawal Agreement (United Kingdom national should prove that he or she has the status of an employee or self-employed person currently, or that he/she is economically self-sufficient, having sufficient financial resources for himself/herself and his/her dependent family members and having adequate comprehensive health insurance, or that he/she is a student or is undergoing vocational training in the Republic of Poland and has sufficient financial resources and adequate comprehensive health insurance, or that he/she is a spouse of a Polish citizen). Holders of a document confirming the right of permanent residence or a permanent residence card of a family member of an EU citizen, which will expire on December 31, 2021, will not, however, have to prove again that they acquired the right of permanent residence in Poland, as the right is acquired under the law.

Applicants submitting applications for a residence document under the Withdrawal Agreement from 1 January 2022 will not be issued with an application certificate serving as a provisional residence document . They will be able to obtain an ordinary confirmation of their submission of application upon request.

After the end of the transition period, beneficiaries of the Withdrawal Agreement will be able to use the following residence documents entitling them to travel within the Schengen area without a visa: I. issued before the end of the transition period (these documents will remain valid for the period for which they were issued, but not longer than until 31 December 2021): – document confirming the right of permanent residence; – residence card of a family member of an EU citizen; – permanent residence card of a family member of an EU citizen. II. issued after the end of the transition period: – certificate of submission of an application for obtaining a residence document for the beneficiary of the Withdrawal Agreement, valid for 1 year; – certificate of registration of residence (in case of a British citizen in the case of having the right of residence; it will not apply to a certificate of registration of residence of a frontier worker); – document confirming the right of permanent residence (in case of a British citizen with the right of permanent residence); – residence card (in case of a family member who is not a British citizen and holds a residence right); – permanent residence card (in case of a family member who is not a British citizen and holds a permanent residence right).

Extended family members and persons leading family life with UK nationals within the meaning of the European Convention on Human Rights (Article 10 (2-4) of the Withdrawal Agreement) Persons covered by Art. 3 sec. 2 lit. a) and b) of Directive 2004/38/EC obtain a temporary residence permit in Poland referred to in Art. 160 point 1 or 3 of the Act on foreigners. Permits granted to extended family members or persons leading family life with United Kingdom nationals within the meaning of the European Convention on Human Rights pursuant to Art. 160 point 1 or 3 of the Act on foreigners will remain valid after the end of the transition period. In order to obtain a residence card with an annotation referring to the Withdrawal Agreement, it will be possible to submit an application for granting the temporary residence permit under the new legal basis of Article 160 points 4, 5 or 6 of the Act on foreigners. Subsequent temporary residence permits will also be granted on the basis of the above-mentioned regulations.

The right of permanent residence will, as a rule, apply after 5 years of uninterrupted residence. Periods of legal stay or work before and after the end of the transition period will be included in the required period entitling to acquire the right of permanent residence.

The stay in the territory of the Republic of Poland is considered uninterrupted if the breaks in it did not exceed 6 months a year in total. The stay on the territory of the Republic of Poland is not interrupted by leaving this territory for a longer period due to: 1) compulsory military service, or 2) important personal situation, in particular pregnancy, childbirth, illness, studies, vocational training, secondment, which requires stay outside this territory, provided that this period is not longer than 12 consecutive months. The stay on the territory of the Republic of Poland interrupts the execution of the decision on expulsion of an EU citizen or a family member who is not an EU citizen.

Continuity of stay immediately before and after the end of the transition period will be important for the acquisition and retention of the rights of the Withdrawal Agreement beneficiary.