I would like to ask, what specific documents shall the United Kingdom residents who live and work in Poland apply for. Currently, these residents have only registered their stay in a Voivodeship Office – registration of an EU citizen’s stay – therefore they do not hold any additional work permits or residence permits. What type of document should they apply for and when is the best time to do so? Are the templates of such documents available for download?

WITHDRAWAL AGREEMENT AND TRANSITION PERIOD

In the event that the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community is signed and enters into force, the Brexit date, i.e. 1 February 2020 shall mark the beginning of the transition period which shall end on 31 December 2020  (in accordance with the current draft of the Withdrawal Agreement).

The draft of the Withdrawal Agreement provides that during the transition period, the EU law applies to the United Kingdom as well as to its territory, while the references to the Member States in the applicable EU laws shall also include the United Kingdom unless the Agreement states otherwise.

The free movement of persons between the United Kingdom and the European Union in the transition period shall be maintained until the end of the transition period, i.e. until 31 December 2020. 

In the light of the Polish legislation, the matters related to the transition period referred to in Article 126 of the Agreement on the withdrawal are governed by the Act of 19 July 2019 on the transition period referred to in the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (Dz.U. [Journal of Laws of the Republic of Poland] of 2019, item 1516). Pursuant to Article 1 of the aforementioned Act, whenever a Member State of the European Union or the European Atomic Energy Community is referred to in separate regulations, during the transition period referred to in Article 126 of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (Official Journal EU C 144 I, 25.4.2019, p. 1) shall also mean the United Kingdom of Great Britain and Northern Ireland.

In accordance with the current general rules regarding the residence rights of the EU citizens on the territory of Poland which also apply to the United Kingdom citizens and which shall apply to the United Kingdom citizens in the transition period – until the end of 2020, these citizens shall not be issued with residence permits and residence cards, provided under the Act of 12 December 2013 on Foreigners (Dz. U. [Polish Journal of Laws] of 2018, item 2094, as amended). However, an obligation to register the stay and obtaining a certificate of registration of the stay of an EU citizen is foreseen. After five years of continuous residence, an EU citizen has the right to apply for a document confirming the right of permanent residence.

The rules governing the entry and stay of EU citizens and their family members on the territory of Poland are regulated by the Act of 14 July 2006 on the entry into, residence in and exit from the Republic of Poland of nationals of the European Union Member States and their family members (Dz. U. [Polish Journal of Laws] of 2019, item 293);, which implements the provisions of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (Official Journal EU L 158, 28.12.2005, p. 77).

Right of residence up to 3 months

EU citizens, as well as their family members who are not EU citizens, may reside in Poland for up to 3 months without the obligation to meet any conditions for residence except for holding a valid travel document. An EU citizen may hold another valid document confirming his/her identity and nationality. The EU citizens’ family members who are not EU citizens must hold a valid visa allowing entry to Poland unless they are exempt from this requirement.

Residence in excess of 3 months

In the event that the stay on the territory of the Republic of Poland lasts for over 3 months,  the EU citizen and their family member holding EU citizenship are obliged to register their stay, while the family member who is not an EU citizen is obliged to obtain a residence card for a family member of the EU citizen.

The voivode competent for the place of residence of the EU citizen is the competent body to register the stay of an EU citizen and to issue a residence card of an EU citizen’s family member.

In order to register the stay of an EU citizen (including his/her family members who are also EU citizens) and to obtain a residence card for an EU citizen’s family member, the EU citizen must meet the conditions of the right of residence in excess of 3 months.

An EU citizen has the right to residence in excess of three months if he/she meets the following conditions:

  1. he/she is an employee or a self-employed person on the territory of the Republic of Poland;
  2. he/she is in possession of financial resources allowing tosustain his/her and their family members’ stay on the territory of the Republic of Poland and not to encumber the social security and holds valid health insurance;
  3. he/she studies or undergoes vocational trainingin the Republic of Poland, and:
    is in possession of financial resources allowing to sustain his/her and their family members’ stay on the territory of the Republic of Poland and not to encumber the social security and holds valid health insurance,
  4. is the spouse of a Polish national.

Despite the obligation to register the stay of the EU citizen in the case of stays in the territory of Poland in excess of 3 months, the EU citizen’s right to remain on the territory of Poland for a period in excess of 3 months is granted on the basis on meeting the aforementioned criteria and not from registering the stay. Failure to comply with the obligation to register the stay shall not mean that the EU citizen has no right to remain on the territory.

AFTER THE END OF THE TRANSITION PERIOD PROVIDED FOR IN THE WITHDRAWAL AGREEMENT

After the end of the transition period provided for in the Withdrawal Agreement, i.e. as of 1 January 2021, in principle, the United Kingdom Citizens and their family members shall be awarded the right of residence in Poland under the existing conditions, if:

  • they exercised their right of residence in Poland under EU law before the end of the transition period (this also applies to UK citizens who entered Poland after the Brexit date, i.e. after 31 January 2020 and before the end of the transition period);
  • they continue to live in Poland

The right of residence on the territory of Poland of the persons who are the beneficiaries of the Withdrawal Agreement shall arise directly from the Withdrawal Agreement, as well as the provisions of the Act of 14 July 2006 on the entry into, residence in and exit from the Republic of Poland of nationals of the European Union Member States and their family members by extending the term “EU citizen” used in the Act to also include nationals of the United Kingdom of Great Britain and Northern Ireland who are the beneficiaries of the Withdrawal Agreement.

The rules governing the stay of the United Kingdom citizens and their families who are the beneficiaries of the Withdrawal Agreement shall be analogous to the rules applying to EU citizens and their families, including certain alterations arising from the Withdrawal Agreement.

In Poland, the system is planned to be declaratory in nature – there will be no obligation to obtain a new residence status and residence permit as an obligation for legal residence in Poland under the Withdrawal Agreement. However, persons who qualify for residence right under the Agreement shall be issued a residence document in accordance with the Directive 2004/38/WE. The document will contain a declaration that is was issued in accordance with the Agreement.

On the basis of the foregoing, it is currently planned that the United Kingdom citizens and their family members who are the beneficiaries of the Withdrawal Agreement who remain on the territory of Poland shall be issued the same types of documents that are currently issued to the EU citizens and their family members: certificate of registration of stay of a EU citizen (issued on the basis of submitting an application for registration of residence), residence card of an EU citizen’s family member, and after obtaining the right of permanent residence: a document certifying the right of permanent residence and a permanent residence card of an EU citizen’s family member. However, the documents will contain information stating that they were issued in accordance with the Withdrawal Agreement.

The citizens of the United Kingdom and their family members who are the beneficiaries of the Withdrawal Agreement and who remain on the territory of Poland, who received the residence permits issued to the EU citizens and their family members until the end of the transition period, shall have the right to submit an application to a voivode to exchange the documents for versions containing the information, that they have been issued in accordance with the Withdrawal Agreement.

The applications for issuing residence permits containing the aforementioned information, or for replacing the current residence permits to documents containing the aforementioned annotation shall be accepted after 1 January 2021.

The details of the Polish regulations which shall apply to the beneficiaries of the Withdrawal Agreement after the expiry of the transition period shall be determined in the Polish legislation.