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

Introduction

On February 1, 2020. The Agreement on the withdrawal of the United Kingdom from the European Union and the European Atomic Energy Community entered into force, on the basis of which Great Britain left the structures of the European Union (the so-called Brexit) and its citizens lost the status of EU citizens.

Consequently, after the expiry of the transitional period (which was in force until the end of 2020), UK nationals and their family members can no longer benefit from the rights of freedom of movement and residence in the European Union applicable to this status, unless they have retained the allowances at the end of the transition period as the so-called beneficiaries of the Withdrawal Agreement.

Beneficiaries of the withdrawal agreement acquire, like EU citizens, the right of permanent (i.e., indefinite) residence, as a rule, after 5 years of uninterrupted residence on the territory of the Republic of Poland, with the proviso that uninterrupted residence does not mean the absence of any departures from Polish.

Stay on the territory of Poland during this time should comply with the Regulations applicable to the acquisition and retention of the right of residence by an EU citizen in Poland (see the explanation in the "Registration of Stay" tab – stage "Requirements").

In certain cases, it is possible to acquire the right of permanent residence after a shorter period of uninterrupted residence in Poland.

In the event that you are a citizen of the United Kingdom and:

  • you exercised your right of residence in Poland in accordance with EU law before the end of the transition period and you continue to live in Poland (i.e., you continue your stay in Poland, which began before 1 January 2021 and continues to this day) by meeting the conditions of stay, and

  • your stay is uninterrupted and lasts, as a rule, more than 5 years

- apply to the voivode, competent for the place of your residence in Poland, with an application for a document confirming the right of permanent residence. This application is submitted on a special form.

The document confirming the right of permanent residence is issued after 30 days.

Remember!

  • If you are a beneficiary of the exit agreement and you meet the conditions of residence, but you do not stay in Poland long enough uninterruptedly, then if you have a certificate of registration of residence of an EU citizen, replace this certificate (before the end of 2021), and if you have not yet completed the registration and residence formalities, do it immediately (more in the tab "Registration of residence of a citizen of the United Kingdom – beneficiary of the exit agreement").

  • In the event that you need support in the implementation of procedures, among others IOM will provide it as part of the project. More information can be found here.

  • If you have acquired the right to permanent residence before the accession of Poland to the structures of the European Union (i.e., before 1 May 2004, on a general basis), you retain this right, as it was granted indefinitely. Remember, however, that your current status is only accompanying the status applicable to UK citizens – beneficiaries of the Withdrawal Agreement, so in such a situation you should apply for a document confirming the right of permanent residence of a UK citizen, in accordance with the procedure described in this tab.

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