Residency procedures for UK nationals living in Poland – Brexit

Over 10 months ago, Brexit became a fact. However, I will not get into the details about the consequences or results of this. It is not the point of this post. This time, I am publishing this article dedicated to UK citizens. This article describes Residency procedures for UK nationals living in Poland. I need to mention here, that this subject was brought to my attention by Eamon Goosney, who has been helping me over the last few months with proofreading content which I have created.
One more thing, which I need to mention, before we will get to the point. I have read and researched the whole process, which from my perspective, looks complete. There is no need to reinvented, or put additional comments on it. Therefore, I will publish below the procedure from official IOM side, which is actually supporting UK nationals in case of any doubts relating to receiving residency. My intention here, is to publish this post as soon as possible, in order to give you as much time as possible to take the proper actions.

• Types of procedures
• Application for registration of residence.
• Application for a new certificate of registration of residence
• Application for a document certifying the right to permanent residence.
• Application for a new document certifying the right to permanent residence
• When is absence longer than 6 months in a year justified?
• Summary

So, let’s start with short movie, prepared by IOM for the purpose

What you need to do in order to follow residency procedures for UK nationals living in Poland?

Depending on your situation, you are obliged to either register your residence or exchange the residency document you currently have for a new one.

For all application types you should:

• File an application form in person at the appropriate voivodeship office (urząd wojewódzki) between 1 January 2021 and 31 December 2021 (in most offices, scheduling an appointment is required)
• Submit copies of supporting documents and bring originals for the appointment in the voivodeship office – an inspector will authorize the copies based on the original document
• Submit your fingerprints
• Complete the application form and supporting documents in Polish
• Attach a sworn translation of any supporting documents that are in English

For further detail about what to provide with your application, please see the relevant section below.

The fees for all procedures have been waived.

Types of Residency procedures for UK nationals living in Poland:

1. Application for registration of residence – this applies to you if you haven’t registered your stay before 31 December 2020 but you have been residing in Poland and intend to continue your residency for longer than 3 months
2. Application for a new certificate of registration – this applies to you if you have registered as an EU citizen residing in Poland before 31 December 2020 and you are in possession of an EU residency document (zaświadczenie o zarejestrowaniu pobytu obywatela UE)
3. Application for a document certifying the right to permanent residence – this applies to you if you have not applied for such a document before 31 December 2020 and have been continuously residing in Poland for 5 years (3 years if married to a Polish citizen) or longer and wish to obtain a document certifying the right to permanent residence
4. Application for a new document certifying the right to permanent residence – this applies to you if you are in possession of EU permanent residence document (dokument potwierdzający prawo stałego pobytu).

How can I access the application forms and other necessary documents?

You can find the templates of the above-mentioned documents on the website of the Office for Foreigners, by following the tab ‘Foreigners’, then clicking on ‘Brexit’ and choosing ‘Applications and lists of documents attached to applications’ from the panel on the left.

The link to the appropriate webpage is here (click).

1. Application for registration of residence.

You are required to submit the following documents:

• The application form for registration of residence filled in Polish (along with 3 copies of the completed application form)
• 4 biometric photos – detailed requirements related to the photos available below (*)
• 1 copy of all annotated pages of a valid travel document (including all pages with stamps/visas etc.)
• Documents confirming that you are a beneficiary of the Withdrawal Agreement:
• Declaration on the continuation of stay in the territory of Poland after 31 December 2020 confirming no periods of absence from the territory of Poland longer  than 6 months in a year or justifying a longer absence of up to 12 consecutive months together with applicable documents (the template of the declaration available under the link above)
• Evidence of residence in Poland on 31 December 2020 or earlier in the event of an acceptable absence on that day (e.g. address registration, employment contract, rental agreement, electricity bill, internet or telephone service contract, evidence of recent entry to Poland, etc.)
• Documents confirming that absence on 31 December 2020 exceeding 6 months in a year, up to 12 consecutive months, was caused by an important personal situation, in particular pregnancy, childbirth, illness, studies, vocational training, secondment
• For stays up to 3 months before 31 December 2020, proof of the date of the last entry into Poland
• In the case of staying for a period exceeding 3 months before 31 December 2020, proof of compliance with the conditions of the right to stay for a period exceeding 3 months on 31 December 2020 until the end of the administrative procedure, including:
  • Evidence of having sufficient financial resources to support oneself and family members (for persons not economically active or married to a Polish citizen) – detailed information available below (**)
  • Documents confirming access to the Polish public health care system (for persons not economically active or married to a Polish citizen) – detailed information available below (***)
  • Other documents related to your purpose of stay – detailed information available below (****)

2. Application for a new certificate of registration of residence

You are required to submit the following documents:

• The application form for a new certificate of registration of residence completed in Polish (along with 3 copies of the completed application form)
• 2 biometric photos – detailed requirements related to the photos available below (*)
• 1 copy of all annotated pages of a valid travel document (including the biometric page and all pages with stamps/visas etc.)
• The certificate of registration as an EU citizen residing in Poland (along with a copy for the file)
• Documents confirming that you are a beneficiary of the Withdrawal Agreement:
• Declaration of stay before 31 December 2020 and afterwards confirming no periods of absence from the territory of Poland longer than 6 months in a year or justifying any longer absence up to 12 consecutive months together with applicable documents (the template of the declaration is available under the link above)
• Evidence of residence in Poland on 31 December 2020 or earlier in the event of an acceptable absence on that day (e.g. address registration, employment contract, rental agreement, electricity bill, internet or telephone service contract, evidence of recent entry to Poland, etc.)
• For stays up to 3 months before 31 December 2020, proof of the date of the last entry into Poland
• In the case of staying for a period exceeding 3 months before 31 December 2020, proof of compliance with the conditions of the right to stay for a period exceeding 3 months on 31 December 2020 including:
  • Evidence of having sufficient financial resources to support oneself and family members (for applicants who are not economically active or married to a Polish citizens) – detailed information available below (**)
  • Documents confirming access to the Polish public health care system (for applicants who are not economically active or married to a Polish citizen)
  • detailed information available below (***)
  • Other documents related to your purpose of stay – detailed information available below (****)

3. Application for a document certifying the right to permanent residence. You are required to submit the following documents:

• The application form for a document certifying the right to permanent residence filled in Polish (along with 3 copies of the completed application form)
• 4 biometric photos – detailed requirements related to the photos available below (*)
• 1 copy of all annotated pages of a valid travel document (including the biometric page and all pages with visas/stamps etc.)
• The certificate of registration as an EU citizen residing in Poland (if in possession of it)
• Documents confirming that you are a beneficiary of the Withdrawal Agreement as well as the acquisition of the right of permanent residence:
• Documents confirming 5 years of uninterrupted stay (or 3 years in case of spouses of Polish citizens)
• Declaration of stay proving continuous residence and confirming no periods of absence from the territory of Poland longer than 6 months in a year or justifying any longer absence up to 12 consecutive months together with applicable documents (the template of the declaration available under the link above)
• Evidence of having sufficient financial resources to support oneself and family members during the declared (5 or 3 years) residence in Poland (for persons not economically active or married to a Polish citizen) – detailed information available below (**)
• Documents confirming access to the Polish public health care system during the declared (5 or 3 years) residence in Poland (for persons not economically active or married to a Polish citizen) –  etailed information available below (***)
• Other documents related to your purpose of stay during your residence in Poland – detailed information available below (****)

4. Application for a new document certifying the right to permanent residence

You are required to submit the following documents:

• The application form for a new document certifying the right to permanent residence filled in Polish (along with 3 copies of the completed application form)
• 2 biometric photos – detailed requirements related to the photos available below (*)
• 1 copy of all annotated pages of a valid travel document (including all pages with visas/stamps etc.)
• A document certifying the right to permanent residence of an EU citizen (along with a copy for the file)
• Documents confirming that you are a beneficiary of the Withdrawal Agreement:
  • Declaration of stay confirming that you have not left the territory of Poland for a period exceeding 5 years after acquiring the right to permanent residence and continuation of your stay in Poland after 31 December 2020 (the template of the declaration is available under the link above)
  • Any document/other evidence confirming the lack of leaving the territory of Poland for a period exceeding 5 years after acquiring the right to permanent residence

(*) The photos attached to the application meet the following requirements:

• They are undamaged, in color and in good focus;
• Their size is 35 mm x 45 mm;
• They were made no earlier than 6 months before the date of submitting the application;
• They show the face of the applicant from the top of the head to the top of the shoulders, so that the face covers 70-80% of the photograph;
• They show clearly the eyes of the applicant and in particular the eye pupils, the eye line of the applicant should be parallel to the top edge of the photograph;
• They show the applicant against a plain light background, in a frontal position, looking straight ahead with eyes open, hair uncovered, with a natural facial expression and mouth closed, and the natural color of his/her skin.

If the application is for a person with congenital or acquired vision defects, the photograph attached to the application may show that person wearing dark glasses. In the case of a person wearing a head covering in accordance with the rules of his/her religion, the photograph may show the person wearing the head covering. The head covering must not cover or distort the shape of the face.

(**) What can be used as evidence of having sufficient financial resources to support oneself and family members, so as not to constitute a burden for social assistance?

• certificate of the limit on the credit card issued by the bank that issued the credit card not earlier than one month before the date of submitting the application, or
• certificate confirming possession of funds in a bank or a cooperative savings and credit union established in the territory of the Republic of Poland issued not earlier than one month before the date of submitting the application, or
• document confirming the award of a national or foreign scholarship, or
• employment contract plus certificate of employment and the amount of earnings issued not earlier than one month before the date of submitting the application, or
• documents confirming registration of a business in Poland and the amount of income,
• written declaration of having sufficient financial resources to support oneself and one’s family members so as not to constitute a burden for social assistance, or proof of possession – in case of students or persons undergoing vocational training (***) What can be evidence of having access to the Polish public healthcare system?
  • a copy of employment contract plus certificate of employment, or
  • documents from a Social Insurance Institution – ZUS ZUA and ZUS RCA, or
  • EHIC card or GHIC card, or
  • private health insurance covering all expenses that may arise during your stay in Poland including 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.

(****) Other documents related to your purpose of stay marked in the application form such as studies, employment, joining a family member, marriage to a Polish citizen include for example:

• certificate of marriage to a Polish national or employment contact plus employment certificate or certificate of admission for studies in Poland or confirmation of a business registration (extract from CEIDG/KRS or application for registration in CEIDG/KRS)

When is absence longer than 6 months in a year justified – Residency procedures for UK nationals living in Poland ?

It is justified when it did not exceed 12 months and was caused by compulsory military service or an important personal situation, in particular pregnancy, childbirth, illness, studies, vocational training, secondment.

What to do when filing an application for a minor?

The presence of a minor is required above the age of 6. If a minor is below the age of 6 the application can be filed by his/hers legal representative without the minor being present.

Summary of Residency procedures for UK nationals living in Poland

Here (click) you can find a link to the process for family members of – non EU as well as non UK nationals. Also, this is a page (click), which is a source of information for this article. You will find in there a full package of information dedicated to support of UK nationals living in Poland. For example: access to the labour market or withdrawal agreement details and travelling to Poland after December 2020. I hope that this will help you take the proper steps and find answers on all questions related with living in Poland after Brexit.

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Special thanks to Eamon Gosney, (this time twice) who has helped with proofreading of this article and has brought this subject to my attention.