Residence card of a family member of EU citizen

Requirements

Case: Family member of an EU citizen who is a third-country national or stateless person

In the case of:

• employed persons,

• self-employed persons in Poland,

• economically inactive persons,

• as well as persons who have retained the right of residence on the terms set out in Article 17 of the above-mentioned Entry Act (Check – Case: Retention of the right of residence by an EU citizen),

- the right of residence extends to certain family members joining or staying with them on the territory of the Republic of Poland, i.e.

• on the spouse of an EU citizen

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

• to the child of an EU citizen or spouse of an EU citizen (stepchild) dependent on them or the spouse 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 EU citizen and on whom that minor EU citizen remains dependent.

In the case of students/doctoral students and those undergoing vocational training, this right is

Extends:

• on the spouse of an EU citizen

• for the child of an EU citizen dependent on them spouse

- joining or staying with them in the territory of Poland.

This means that a family member of an EU citizen does not have to meet the conditions of residence on their own in order to obtain a residence card – it is enough that these conditions are met by the EU citizen to whom they join or with whom they reside in Poland.

However, they should comply with the formal requirements related to obtaining a residence card, including: submit the application in person at the latest on the next day after 3 months from the date of entry into Poland, on the form, together with the necessary attachments, as well as present a valid travel document and fingerprints (except for a minor under 6 years of age and a person, from which fingerprinting is impossible).

Case: Family member of a Polish citizen returning to Polish, being a third-country national or stateless person

A family member of a Citizen of the Republic of Poland entitled to obtain a residence card is considered to be a foreigner who is not an EU citizen (i.e., from a third country or a stateless person) who is:

• spouse of a citizen of the Republic of Poland – if the following conditions are met jointly:

• a citizen of the Republic of Poland immediately before arriving (returning) to Polish had the right of residence over 3 months or the right of permanent residence in another Member State of the European Union or in Norway, Iceland, Liechtenstein, Switzerland

• the marriage was concluded before the stay of the Citizen of the Republic of Poland in another Member State of the European Union or in Norway, Iceland, Liechtenstein, Switzerland or during the stay in this country (i.e., before returning to Polish)

• a citizen of the Republic of Poland intends to live in Poland permanently (return);

• spouse of a citizen of the Republic of Poland who previously had the citizenship of another Member State of the European Union, Norway, Iceland, Liechtenstein, or Switzerland (this is therefore the spouse of a person who acquired or regained citizenship of the Republic of Poland, and who at the time of acquiring or regaining citizenship of the Republic of Poland had the citizenship of one of the above-mentioned countries);

• a child of a citizen of the Republic of Poland or a child of their spouse (stepchild/ stepdaughter) who is under the age of 21 or dependent on a citizen of the Republic of Poland or their spouse, if the following conditions are met jointly:

• a citizen of the Republic of Poland immediately before arriving (returning) to Polish had the right of residence over 3 months or the right of permanent residence in another Member State of the European Union or in Norway, Iceland, Liechtenstein, Switzerland

• family life with a citizen of the Republic of Poland was developed or strengthened before staying in another Member State of the European Union, Norway, Iceland, Liechtenstein, or Switzerland, or during their stay in this country,

• a citizen of the Republic of Poland intends to live in Poland permanently (return);

• a parent of a citizen of the Republic of Poland or a parent of a spouse of a citizen of the Republic of Poland (mother-in-law), dependent on a citizen of the Republic of Poland or their spouse, if the following conditions are met jointly:

• a citizen of the Republic of Poland immediately before arriving (returning) to Polish had the right of residence over 3 months or the right of permanent residence in another Member State of the European Union or in Norway, Iceland, Liechtenstein, Switzerland

• family life with a citizen of the Republic of Poland was developed or strengthened before staying in another Member State of the European Union, Norway, Iceland, Liechtenstein, or Switzerland, or during their stay in this country,

• a citizen of the Republic of Poland intends to live in Poland permanently (return);

• a direct ascendant (i.e., a parent, and in the case if the parent is deceased – grandfather/ grandmother) of a minor citizen of the Republic of Poland, if the following conditions are met jointly:

• a minor citizen of the Republic of Poland immediately before arriving (returning) to Polish had the right of residence over 3 months or the right of permanent residence in another Member State of the EU Union, Norway, Iceland, Liechtenstein, or Switzerland

• a minor citizen of the Republic of Poland intends to live in Poland permanently (return)

• a minor citizen of the Republic of Poland remains under their actual care and dependent on them.

However, they should comply with the formal requirements related to obtaining a residence card, including: submit the application in person at the latest on the next day after 3 months from the date of entry into Poland, on the form, together with the necessary attachments, as well as present a valid travel document and fingerprints (except for a minor under 6 years of age and a person, from which fingerprinting is impossible).