Residence permit and permanent residence permit of EU citizen's family member
A family member of an EU citizen (EEA / Swiss Confederation) should be understood here as a foreigner who is not an EU citizen, being:
- a spouse of an EU citizen;
- a direct descendant of the EU citizen or their spouse, aged up to 21 or being dependent on the EU citizen or their spouse;
- a direct ascendant of the EU citizen or their spouse, dependent on the EU citizen or their spouse - who reunites or stays with the EU citizen.
Note! The procedure for issuing a residence card for a family member of an EU citizen does not apply to family members of Polish citizens (including their spouses). Spouses (foreigners who are not EU citizens) of Polish citizens legalize their stay in Poland on the basis of the provisions of the Act on foreigners. Detailed information on this subject is available in the tab: LEGALIZATION OF THE STAY OF A POLISH CITIZEN’S SPOUSE.
If the stay in Poland of an EU citizen together with their family member lasts longer than 3 months, their family member is required to obtain a residence card of an EU citizen's family member in Poland. This also applies to situations of a family member who has a valid visa issued for a period longer than 3 months - they are also obliged to apply for a residence card for a family member of an EU citizen, if the planned stay in Poland is longer than 3 months.
The application for a residence card for a family member of an EU citizen should be submitted to the voivode competent for the place of stay in Poland in person, but not later than on the next day after three months from the date of entry into Poland.
The application must be accompanied by:
- 1 photocopy of the foreigner’s travel document;
- 4 recent colour photos - photography guidelines are available here
- a certificate of registration of the stay of the European Union citizen in Poland issued to the European Union citizen with whom the family member resides in Poland;
- a document confirming legal entry to Poland;
- a spouse - a document confirming the marriage;
- a descendant - a document confirming the existence of family ties and a document confirming the age or confirming the dependence of a citizen of a European Union Member State other than Poland;
- an ascendant (a parent of an EU citizen or a parent of their spouse, dependent on the EU citizen or their spouse) - a document confirming the existence of family ties and a document confirming the maintenance of a citizen of a European Union Member State other than Poland or their spouse;
- a document confirming legal stay in Poland;
- a proof of having funds sufficient to cover the cost of stay without the need to use social aid.
Documents in a foreign language attached to the application shall be submitted together with their translation into Polish by a Polish sworn translator.
Note! The residence card of a foreigner - a family member of an EU citizen is issued free of charge.
The residence card of a family member of an EU citizen is valid for 5 years, and if the intended period of stay of an EU citizen in Poland, with whom the family member reunites or with whom they are staying, is shorter than 5 years - this document is valid for the intended period of stay of the EU citizen in Poland.
Note! If a foreigner-family member of an EU citizen is their spouse, the voivodeship office, before issuing a residence card for a family member of an EU citizen, verifies the veracity of the marriage, i.e. whether it was concluded in order to circumvent the law. For this purpose, the spouses may be called to an interview with an official to verify that the marriage is not a fictitious one.
A family member of an EU citizen, not being an EU citizen themselves, acquires the right of permanent residence after 5 years of uninterrupted stay in Poland with an EU citizen.
It is also possible to acquire a permanent right before the expiry of the above-mentioned 5 years. This applies to a situation of an EU citizen acquiring the right to permanent residence in Poland before the end of 5 years of residence on the basis of being an employee or a self-employed person in Poland. In such a situation, a member of their family also acquires the right to obtain a permanent residence permit in Poland.
A family member of an EU citizen who has acquired the right to permanent residence in Poland obtains a permanent residence card of an EU citizen's family member. In order to obtain a permanent residence card for a family member of an EU citizen, the following documents must be submitted to the voivodeship office in person:
- 1 copy of the application for a permanent residence card of a family member of an EU citizen, completed in Polish - the application is available here
- 1 photocopy of a travel document;
- 4 recent colour photos - photography guidelines are available here
- documents confirming a 5-year uninterrupted stay in Poland together with an EU citizen;
- a document confirming the right of residence of an EU citizen in Poland, e.g. a certificate of registration of an EU citizen's stay or a document confirming the right of permanent residence of an EU citizen;
- confirmation of registration only if it is a registration for a permanent or temporary stay lasting more than 3 months.
Additionally, they must submit:
- a spouse - a document confirming the conclusion of their marriage (e.g. a marriage certificate),
- a descendant (children) - a document confirming the existence of family ties (e.g. a birth certificate) and a document confirming the age or being dependent on the EU citizen or their spouse,
- an ascendant (parents) - a document confirming the existence of family ties and a document confirming dependence on an EU citizen or their spouse.
Note! The permanent residence card of a family member of an EU citizen is issued free of charge.
Applications for a residence card and permanent residence card of an EU citizen family member are available here: https://udsc.gov.pl/cudzoziemcy/obywatele-ue-oraz-eogszwajcarii-i-czlonkowie-ich-rodzin/formularze-wnioskow/