Who is a family member

A family member of an EU citizen (also EEA and Switzerland) is (Art. 2 point 4 letter a of the Act on the entry of EU citizens):

  • a spouse,
  • a descendant of the EU citizen or of their spouse under the age of 21 or dependent on them,
  • an ascendant of the EU citizen or of their spouse dependent on them,
  • a parent of a minor EU citizen who actually takes care of them and supports them.

A family member of a Polish citizen uses these rules only in special cases, e.g. when the Polish citizen returns to Poland after living in another EU country (Art. 2 point 4 letter b). Usually they get a permit for the spouse of a Polish citizen.

Residence card

  • If you stay in Poland for longer than 3 months, you must obtain a residence card (Art. 20 para. 1).
  • You submit the application in person to the voivode no later than on the day after 3 months from entry (Art. 21 para. 2 and Art. 39 para. 1). You get a certificate of submission straight away (Art. 21 para. 5).
  • The voivode issues the card no later than 6 months after the application (Art. 22). The card is valid for 5 years or shorter if the EU citizen plans a shorter stay (Art. 30 para. 2).
  • Residence matters of EU citizens and their families are not subject to stamp duty (Art. 2 para. 1 point 1 letter j of the Stamp Duty Act).

Divorce or death of the EU citizen

After a divorce you keep the right of residence, among others, when the marriage lasted at least 3 years before the divorce proceedings began, including at least one year in Poland, or when you take care of the EU citizen's children (Art. 19 para. 2). After the death of the EU citizen - if you lived with them in Poland for at least one year.

After 5 years

After 5 years of continuous residence with the EU citizen you acquire the right of permanent residence (Art. 43) and must obtain a permanent residence card, valid for 10 years (Art. 48 para. 2 and Art. 55). See: right of permanent residence.