Immigration status of British citizens living in Poland after Brexit

2019-01-21

The Government Legislation Centre has published a project of an act regulating the immigration status of British citizens living in Poland, after the United Kingdom planned exit of the EU. 

According to the project, British citizens will be obliged to register their stay in Poland. From the midnight of 29th  to 30th of March 2019, for a maximum period of 12 months, i.e. not later than 30th of March 2020. The registration is compulsory for all British citizens who were legally staying in Poland until the date when the UK left the European Union, as well as their family members (even if they are not British citizens): their spouses and children (until 21 years old or which is dependent of the parents) and parents (if they are dependent), will be entitled to submit an application. Persons who on the day of the application will be staying in Poland for more than five years will be able to apply for a permanent residence permit, and otherwise for a temporary residence permit, which will be valid for three years.

During the submitting of the application form it will be necessary to present personal data: identity document (passport), information on having a certificate on residence registration of the citizen of EU Members or a residence card the relatives of EU Members citizens, information about the actual and the previous visits in Poland, travels abroad, original signature and also need to submit fingerprints.

For now, the estimated fees for the residence application are unknown.

After obtaining a successful decision, the applicants will receive a Residence Card with a special annotation "Brexit". It will show that they have acquired it in conjunction with the United Kingdom exit from the European Union. The offered system guarantees to reside and work on such principles as Polish citizens. However, the draft law does not cover access to the pension system, which will probably be regulated separately.

Your contact

Adam Smuga Adam Smuga Associate Immigration Practice Lead Tel.: +48-22-63 06 624