Dictionary

A definition of a citizen of the United Kingdom of Great Britain and Northern Ireland (United Kingdom national) for European Community (EC) purposes was contained in a declaration made by the United Kingdom at the time of the United Kingdom's signature of the Treaty of Accession to the EC. This was replaced, with effect from 1 January 1983, by the current definition, which reads as follows: "As to the United Kingdom of Great Britain and Northern Ireland, the term "UK nationals" is to be understood to refer to:

  • British Citizens with the exception of the Channel Islands and Isle of Man*
  • Persons who are British subjects by virtue of Part IV of the British Nationality Act 1981 and who have the right of abode in the United Kingdom and are therefore exempt from United Kingdom immigration control
  • British OverseasTerritories Citizen with a connection to Gibraltar

* The Channel Islands and Isle of Man were only regarded as being a part of the European Union for trade in goods, otherwise were not a part of the EU. The holders of a Jersey passport (GBR-AO-2008) may have an endorsement on Page 32: “THE HOLDER IS NOT ENTITLED TO BENEFIT FROM EU PROVISIONS RELATING TO EMPLOYMENT OR ESTABLISHMENT”.  If page 32 is endorsed “THE HOLDER IS NOT ENTITLED TO BENEFIT FROM EU PROVISIONS RELATING TO EMPLOYMENT OR ESTABLISHMENT”, the holder is not protected by the withdrawal agreement.  If this endorsement is not present on Page 32, the holder is protected by the withdrawal Agreement. The same applies to Isle of Man (GBR-AO-02007) and the Bailiwick of Guernsey (GBR-AO-02005).

A category of a UK national family member includes:

  • spouse, civil partner or durable partner where the relationship was established by 31 December 2020;
  • dependent direct relative in the ascending line (parent or grandparent) where the relationship was established by 31 December 2020;
  • dependent direct relatives in the descending line (children, grandchildren) either where the relationship was established by 31 December 2020, or where they were born to or legally adopted by the primary right holder after 31 December 2020;
  • extended family members whose residence in the host state had been facilitated by the primary right holder by 31 December 2020. This includes where it has been applied for by 31 December 2020

If you’re a UK national family member you are eligible to apply for residence if all of the following apply:

  • you were resident in Poland by 31 December 2020 and still live here
  • your relationship with them began before 31 December 2020 (unless they’re a child born or adopted after that date)
  • the relationship still exists when they applying

 

 

 

A stay is uninterrupted if the one-time stay outside Poland was not longer than 6 months at a time and all stays outside Poland did not exceed 10 months in total. This means that your trips outside Poland during the indicated period should not be longer than those described above. However, there are exceptions to this rule. If you are employed by a company that is headquartered in Poland, and your trip is work-related (business trip) or a necessity to travel with a spouse/parent who works in Poland, such absence from Poland is justified. Similarly, if you are studying in Poland, but some of your classes are taking place, for example, at another university, outside Poland.  Also, if your absence in Poland is due to illness, e.g. hospitalization or other important circumstances, which in total did not exceed 6 months, write about it in your application. If you adequately document the described circumstances, your stay may be considered uninterrupted, despite stays abroad longer than 10 months.

An employer you were delegated to by a temporary employment agency. The customer/user-employer will only be determined in cases where provisions of the Act on the Employment of Temporary Agency Workers are applicable, and the temporary employment agency is the employer.