Registration of residence of an EU citizen

Requirements

Case: Right of residence of an EU citizen (independent/stand-alone)

In order for an EU citizen to obtain the right of residence for a period longer than 3 months and register their stay in Poland, it is necessary for them to meet the following requirements in a cumulative manner:

• is an entitled person – therefore they are citizens of an EU Member State other than Poland, Norway, Iceland, Liechtenstein, or Switzerland, exercising the freedom of movement within the territory of Poland, has been staying on this territory for at least 3 months and intends to continue to stay,

• belongs to one of the following categories of persons who have a right of residence and fulfils the conditions of residence provided for this category:

► is an employed / self-employed person in Poland (this category is not required to meet additional requirements)

► studies or undergoes vocational training in Poland or is another professionally inactive person, e.g., a pensioner, who meets additional requirements regarding:

• to have sufficient financial resources to support themselves and the dependent family members so as not to become a burden on the social assistance system, and

• having health insurance, i.e.

- has health insurance within the meaning of the Act of 27 August 2004 on health care services financed from public funds (Journal of Laws of 2020, item 1398, as amended) 30), or

- is a person entitled to healthcare services on the basis of the provisions on coordination within the meaning of art. 5 point 23 of the Act of 27 August 2004 on healthcare services financed from public funds, or

- has a document confirming the possession of private health insurance, covering all expenses that may arise during the stay in the territory of the Republic of Poland in connection with the need for medical assistance or hospital treatment, in which the insurer undertakes to cover the costs of healthcare services provided to the insured directly to the entity providing such benefits, on the basis of the invoice issued by this entity;

► is the spouse of a citizen of the Republic of Poland (i.e., they are married recognized by the law of the Republic of Poland; this category is not required to meet additional requirements).

• completes the formal requirements related to the registration of residence, including submits an application in person (this requirement does not apply to a minor), on the form, together with the necessary attachments, as well as presents a valid travel document (or other document confirming their identity and EU citizenship).

Case: Derived right of residence of an EU citizen (right of residence of a family member)

An EU citizen may acquire the right of residence in Poland as a family member of another Union citizen who has acquired such a right in Poland.

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, therefore, that a family member does not have to meet the conditions of residence on their own – it is enough that these conditions are met by an EU citizen to whom he joins or with whom they reside in Poland.

However, they should comply with the formal requirements related to the registration of residence, including submit the application in person (this requirement does not apply to the minor), on the form, together with the necessary attachments, as well as present a valid travel document (or – another document confirming their identity and Union citizenship).

Case: Retention of the right of residence where the basis for acquiring that right no longer exists

If an EU citizen ceases to pursue an activity as an employed or self-employed person, they retain their right of residence only if it results from:

• his periodic incapacity for work related to illness, accident, pregnancy, or the puerperium

• from unintentional unemployment (with the proviso that this right is granted only for a period of 6 months from the date of registration in the competent poviat labour office – if the period preceding unemployment was shorter than 1 year)

• he undertakes vocational education or training.

  A child of an EU citizen who has not retained the right of residence, in accordance with the above conditions, and who is studying or studying in Poland, has the right of residence until the end of education or studies. The parent of such a child has the right of residence until they reach the age of majority or, if necessary, until the child can continue their education, even after they reach the age of majority.

An EU citizen retains a derived right of residence in the case of:

• divorce, annulment of marriage, death, or departure from Poland of a family member who is an EU citizen (having the right to reside in Poland) or a citizen of the Republic of Poland.

A child of an EU citizen (having the right of residence in Poland) or a citizen of the Republic of Poland staying on the territory of Poland and a parent caring for this child remaining in the right of residence until the end of education or studies, in the case of:

• death or departure from the territory of the Republic of Poland of this citizen.