Brexit - how to register stay in Poland for the UK citizens?
This is the last call for the UK citizens living in Poland wondering how to register their status after Brexit. Only until the end of December 2020 they have a chance to register their status by previous rules. With the beginning of 2021 their residence will be processed by the rules for non-European Union foreigners.
The United Kingdom left the European Union on the basis of the Withdrawal Agreement on the 1st February 2020. This document contains, among others, the regulations of the rules of stay of citizens of the United Kingdom in Poland after Brexit. When 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 and enters into force, 1 February 2020 shall mark the beginning of the transition period which shall end on 31 December 2020.
The deadline passes 31.12.2020 !
According to the Withdrawal Agreement, the relationship between the European Union and the United Kingdom remains the same, which means that the UK is still treated as a Member State until 31 December 2020.
So far in accordance with the current general rules regarding the residence rights of the EU citizens and the members of their families on the territory of Poland, which also applied to the United Kingdom citizens and their families throughout the transition period. The United Kingdom citizens, as well as EU citizens, are obliged to register their stay and obtain a certificate on registering an EU citizen. After five years of continuous residence, a resident of the United Kingdom has the right to apply for a document confirming the right of permanent residence. During the transition period, the family members can apply for the following documents issued under the existing rules: an EU citizens family member residence card and an EU citizen’s family member’s permanent residence card.
Pursuant to this draft, the existing documents legalizing the stay of British citizens and their family members will remain valid for the period for which they were issued, but not longer than until 31st December 2021.
What if you already have registered your stay in Poland?
After 1st January 2021, all the United Kingdom citizens and their family members, who have already registered their stay in Poland, will be able to submit applications for new residence permits to voivodship offices competent for their place of stay in Poland. Newly issued residence permits will contain the annotation “Article 50 TEU, Article 18 para. 4 of the Withdrawal Agreement”.
What if you have NOT registered your stay in Poland?
You can still register your stay in Poland accordingly to the previous regulations until 31.12.2020 !
The United Kingdom citizens and their family members, who by the end of the transition period (31.12.2020) have entered Poland and have applied for the registration of stay, but have not obtained it yet, should immediately apply for a relevant registration document together with the above-mentioned annotation " Article 50 TEU, Article 18 para. 4 of the Withdrawal Agreement”.
What happens from 01.01.2021 ?
As the United Kingdom and the European Union are still negotiating the details concerning Brexit, it is not fully known what the final resolutions between the United Kingdom and the European Union will look like. As we know for sure, in the matter of legalization of stay, from 1st January 2021, the United Kingdom citizens and their family members will, as a general rule, regulate their stay in Poland by the rules for non-European Union foreigners.
However, the United Kingdom citizens will be exempt from the visa requirement for a short stay in the Schengen area. Pursuant to Regulation (EU) 2018/1806 of the European Parliament and of the Council of 14 November 2018, a short-term stay shall not exceed 90 days in a period of last 180 days.
The United Kingdom citizens and their family members will be covered in Poland by the regulations of the Foreigners Act. In the case of long-term stays, they will have to apply for a national visa or a temporary or permanent residence permission before their legal stay in Poland expires. In order to be able to work in Poland, they will probably have to obtain a work permission or other document authorizing them to work, but this issue can be dependable on the final agreement between the United Kingdom and the European Union.
In view of the above, we still do not know what some of the issues will look like and certainly the regulations concerning the withdrawal of the United Kingdom from the European Union are a challenge for many people. In case of any doubts, we recommend to contact us for further explanations.