A family member who is not an EU citizen with the right to reside in Poland

A family member who is not an EU citizen retains the right of residence in Poland in the case of:

1) the death of an EU citizen, if he stayed with him on the territory of the Republic of Poland for a period of not less than a year before the day of the death of the EU citizen;

2) divorce or annulment of a marriage with an EU citizen if:

  • the marriage lasted at least 3 years before the initiation of proceedings for divorce or marriage annulment, including one year during the EU citizen's stay on the territory of the Republic of Poland, or
  • as the former spouse of an EU citizen, he/she is caring for their children, based on an agreement between former spouses or on the basis of a court decision, or
  • this is supported by particularly important circumstances, including those related to being subject to domestic violence during the marriage, or
  • as a former spouse of an EU citizen, he / she has the right to visit a minor child, based on an agreement between former spouses or on the basis of a court decision, when the agreement or decision indicates that the visit takes place on the territory of the Republic of Poland.

In the event of the death or departure of an EU citizen from the territory of the Republic of Poland, the child of an EU citizen staying and studying or studying in Poland and the parent caring for him, regardless of his/hers citizenship, retain the right to stay until the child completes their education or studies.

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