Registration of residence of an EU citizen

Proceedings in the case

In the registration of residence procedure, only the EU citizen concerned 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 EU citizen – this voivode accepts the application, initiates (or refuses to initiate) and conducts proceedings on 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 was constructed by the legislator with the assumption that a foreigner will have to appear at the voivodeship office only once – when submitting an application. Upon receipt of the certificate of registration of residence of an EU citizen, they may be replaced by a representative. This representative should present proof of identity and present a special power of attorney entitling them to receive the certificate. 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 an EU citizen as a party to the proceedings, which may be the case, for example, in the case of suspicions about the fictitiousness of the marriage. As a party, an EU citizen 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 EU citizen provides all the evidence necessary to register their stay 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 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 governed by Chapter 8 of Section I. of the Code of Administrative 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.