Right of permanent residence of a citizen of the United Kingdom – the beneficiary of the withdrawal agreement

Proceedings in the case

In the procedure for issuing a document confirming the right of permanent residence, only the British citizen to whom the application relates is a party.

It is they who fill in the application, sign it and submits it personally along with the necessary attachments. In the activities, they cannot be replaced by an attorney - with the exception of a minor and a completely incapacitated person who are represented by authorized persons (see stage - "Completing the application").

The authority competent to consider the application is the voivode competent for the place of residence of the citizen of the United Kingdom – this voivode accepts the application, initiates (or refuses to initiate) and conducts proceedings in the case. The body of a higher degree in relation to the voivode is the Head of the Office for Foreigners.

Administrative proceedings for the issue of a document confirming the right of permanent residence shall be initiated upon request expressed in the application.

The entire procedure for issuing a document confirming the right of permanent residence was constructed by the legislator with the assumption that a British citizen will have to appear at the voivodeship office twice – when submitting the application and when receiving the document. A minor over 13 years of age who has been the subject of the application may collect the document themself, as long as they are not a completely incapacitated person.

Any additional visits may result only from the course of a specific procedure. in particular, if there is a need to hear an EU citizen as a party to the proceedings. As a party, a citizen of the United Kingdom has the right to remain silent. However, it is in their interest to eliminate 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 the British citizen provides all the evidence necessary for the registration of residence at the application stage, they will be requested by the authority in writing to provide it within the prescribed period, usually between 7 and 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.

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