Brexit – stay of UK nationals after the transition period

From the beginning of 2021, citizens of the United Kingdom and their family members living in Poland will be able to submit applications for new residence documents. These new documents will confirm the use of rights of the beneficiary of the Withdrawal Agreement when crossing the borders and during the stay in Poland.

End of the transition period

After the end of the transition period, from 1 January 2021, the United Kingdom citizens and their family members will, as a general rule, have the right to stay in Poland under the current conditions, if:

– they exercised the right of residence in Poland in accordance with EU law before the end of the transition period (this also applies to the United Kingdom citizens who entered Poland after the Brexit date and before the end of the transition period);

– they still live in Poland.

Continuity of stay immediately before and after the end of the transition period will be important for the acquisition and retention of the rights of the Withdrawal Agreement beneficiary.

Unconditional stays of up to 3 months (without the need to meet the conditions for stays exceeding 3 months) will also be taken into account. UK nationals will not have to reside in Poland on December 31, 2020 to have residence rights under the Withdrawal Agreement. Absences (breaks in the stay) which apply for the purpose of acquiring the right of permanent residence are allowed.[1] This rule will also apply to the assessment of the continuity of stay in Poland after the end of the transition period.

A declaratory system will be used for issuing residence documents to beneficiaries of the Withdrawal Agreement. The legal stay in Poland will not be conditioned by any obligation to obtain a new status or a residence document. However, persons eligible for the right of residence on this basis will be entitled to obtain (under the conditions set out in Directive 2004/38/EC) a residence document stating that it has been issued in accordance with the Withdrawal Agreement.

Taking into account practical considerations, it is recommended that all beneficiaries of the Withdrawal Agreement obtain new residence documents. Holding such documents will facilitate the use of the rights of the beneficiary of the Withdrawal Agreement when crossing the borders and during stay on the territory of Poland.

Read more at the Office for Foreigners' website: Brexit – stay of UK nationals after the transition period

We encourage you to read the leaflets for the beneficiary of the Withdrawal Agreement, that provide accessible information on the formalities and requirements that UK nationals and their family members should comply with in order to obtain a residence document:

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