Residence card of a family member of EU citizen

Proceedings in the case

In the procedure for issuing a residence card, only the family member who is not the EU citizen concerned isa party. There are they who fills out the application, signs and submits it in person along with the necessary attachments. In these activities, the foreigner may not be replaced by a representative – with the exception of a minor and a completely incapacitated person, which are represented by authorized persons (cf. stage – "Completing the application").

The authority competent to consider the application is the voivode competent for the place of stay of the foreigner – this voivode accepts the application, initiates (or refuses to initiate) and conducts proceedings on the registration of stay. The body of a higher degree in relation to the voivode is the Head of the Office for Foreigners.

The administrative procedure for the registration of residence shall be initiated on request as expressed in the application.

The entire procedure for issuing a residence card was constructed by the legislator with the assumption that a foreigner will have to appear at the voivodeship office twice – once when submitting the application and the second time when collecting the card. Only if their state of health does not allow them to appear in person at the office may he be replaced by a representative. This representative should present proof of identity and present a special power of attorney entitling to collect the residence card. A minor over 13 years of age who has been the subject of the application may collect the residence card them self, as long as they are not a completely incapacitated person. A minor who has reached the age of 6 and who cannot collect the card on their own must be present when the card is collected by an authorized person (parent, guardian, or guardian – depending on their situation).

Possible additional visits may result only from the course of specific proceedings, especially if there is a need to question the foreigner as a party to the proceedings, which may take place, for example, in the case of suspicions regarding the fictitiousness of the marriage relationship. As a party, a foreigner has the right to refuse to give explanations. However, it is in their interest to abolish all ambiguities.

In the course of the proceedings, the administrative authority handling the case shall provide the party with the necessary instructions and guidance. Therefore, unless a non-EU family member provides all the evidence necessary to issue a residence card at the application stage, the authority will be asked in writing to provide it within a set period of 7 to 14 days. In the event that, after reading, it turns out that the request is not understandable, they should ask the authority to clarify it. The summons will be delivered to the foreigner with a receipt by the postal operator at the address indicated by them or by ePUAP (or delivered to their representative, if established). Detailed rules for service are regulated by Chapter 8 of the Code of Civil Procedure – Service.

Remember!

• It is in the interest of the party to work closely with the authority on the application.

• When changing the delivery address, notify the authority of this fact.

• When going abroad, appoint a representative for service in Poland.

More information in: The most common mistakes.