Permanent residence card of a family member 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 rules 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 through:

• 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 the późn.zm.) 'The Law on Entry'.

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

Specific issues concerning the m.in model application forms in matters concerning the issuance and exchange of a permanent residence card and the document to be attached to applications are regulated in:

• Regulation of the Minister of Internal Affairs and Administration of 26 July 2021on applications and documents concerning the right of permanent residence on the territory of the Republic of Poland of citizens of the European Union and their family members (Ju. Law item 1391).