Residence card of a family member of 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 of2019, item 293 of późn.zm).

The requirements for the acquisition by a family member of a citizen of the right of residence in Poland and the procedure for issuing a residence card are regulated in the Regulations of Chapter 3 of the said Act – Right of Residence.

Detailed issues concerning the m.in templates of application forms in matters concerning the issuance of a residence card and the documentation to be attached to applications are regulated in:

  • Regulation of the Minister of Internal Affairs and Administration of 26 July 2021 on applications and documents regarding the right of residence on the territory of the Republic of Poland of citizens of the European Union and their family members (Journal of Laws, item 1392).

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