Residence card of a family member of EU citizen

Introduction

The foreigner has a citizenship of the European Union, provided that they have a citizenship of one of the following EU member states:

• Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Greece, Spain, Ireland, Lithuania, Latvia, Luxembourg, Malta, Netherlands, Germany, Portugal, Romania, Slovakia, Slovenia, Sweden and Italy.

Within the meaning of the migration regulations, an EU national is also any citizen from:

• Norway, Iceland, Liechtenstein and Switzerland.

The following are considered to be family members of an EU citizen:

• spouse of an EU citizen

• the child of an EU citizen or the child of their spouse (stepchild) under the age of 21

• the child of the EU citizen or the child of their spouse (stepchild) dependent on them or the dependent of their spouse

• the parent of an EU citizen or the parent of the spouse of an EU citizen (father-in-law/mother-in-law) dependent on an EU citizen or their spouse,

• the parent of a minor EU citizen who has effective custody of that minor and on whom that minor EU citizen remains dependent.

Family members of EU citizens who are not EU citizens themselves may stay in Poland for up to 3 months without having to meet any conditions other than:

• possession of a valid travel document, and

• a residence visa, if required.

In order to stay in Poland longer, they must complete the formalities related to obtaining a residence card. Obtaining a residence card depends on the statement that the EU citizen to whom the family member who is not an EU citizen joins or with whom they stay in Poland has (or in certain cases - has retained) the right of residence in Poland (see: "Right of residence of the EU citizen"),and this right extends to this member of their family.

The procedure related to obtaining a residence card is also subject to selected family members of Polish citizens returning to Polish after a stay in another EU country, Norway, Iceland, Liechtenstein, or Switzerland.

Obtaining a residence card requires the foreigner to submit an application to the voivode, competent for the place of their residence in Poland. This application is submitted on a special form.

A residence card issued within 6 months from the date of submission of the application and remains valid for a period of 5 years (or for a shorter period – depending on the period of intended stay of the EU citizen).

Another document is not issued automatically – 30 days before the expiry date of the card, the foreigner should apply for a new card issued.

Remember!

• If you are the spouse of a Polish citizen and you do not have EU/NO/IS/LI/CH citizenship (or UK - the beneficiary of the UK withdrawal agreement from the EU structures), you can apply for a residence card only if you are considered a family member (i.e., as explained in the material above). In other cases, during your legal stay in Poland, you should apply for a temporary residence permit, e.g., for a family member of a Citizen of the Republic of Poland (read the information about the permit) or, if you meet the conditions, for an indefinite permit (permanent residence permit or long-term EU resident permit).

• If you do not have EU/NO/IS/LI/CH citizenship and you are a partner of an EU citizen or a family member other than those listed in Article 2(4)(a) of the Entry Act (i.e., as explained in the material above), a residence card cannot be issued to you. Check whether you meet the requirements to grant you a temporary residence permit (read the information about the permit) or, if you meet the conditions for this, an indefinite permit (permanent residence permit or long-term EU resident permit).