Proceedings in the case
In the registration of residence procedure, only the United Kingdom national 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 - "Filling in 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 regarding the registration of residence. The body of a higher degree in relation to the voivode is the Head of the Office for Foreigners.
The administrative procedure for the registration of residence shall be initiated on request as expressed in the application.
The entire procedure for registering the residence of an EU citizen has been constructed by the legislator with the assumption that a foreigner will have to appear at the voivodeship office twice – once when submitting the application (however, this requirement does not apply to a minor who has not reached the age of 6 by the date of submitting the application, and in particularly justified cases, including due to the applicant's state of health, you can waive the requirement to appear in person) and for the second time upon receipt of the certificate of registration of residence. A minor over 13 years of age who has been the subject of the application may collect the certificate themself, as long as he/she is not completely incapacitated.
Any additional visits may result only from the course of a specific procedure. especially if there is a need to question the foreigner as a party to the proceedings, which may be the case, for example, in the case of suspicions regarding the fictitiousness of the marriage). As a party, the foreigner has the right to refuse to be heard. However, it is in their interest to abolish 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 foreigner provides all the evidence necessary to register the stay at the application stage, they will be requested by the authority in writing to provide it within the prescribed period, usually from 7 to 14 days. In the event that, after acquaintance, it turns out that the summons is not understandable, the foreigner 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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