The Withdrawal Agreement beneficiary

UK national of a family member of the UK national entitled to continue their stay in Poland under the EU-UK Withdrawal Agreement.  You are eligible, if before the end of the transition period, from 1 January 2021 you:

  •  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);
  • 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. You may be able to get that status if you were living in Poland before 31 December but you were not here on that date. You must not have left Poland for more than 6 months in any 12 month period. Continuous residence' rule which applies for the purpose of acquiring the right of permanent residence will also apply under this scheme. This rule will also apply to the assessment of the continuity of stay in Poland after the end of the transition period.

If you have residence rights under the Withdrawal Agreement, you will have broadly the same entitlements to work, study and access benefits and services as before the UK left the EU.

Who it covers?

  • If you are a UK national living in an EU country by 31 December 2020 you are covered, provided you meet one of the residence conditions that you:
  • are a worker or self-employed person in the country where you’re living
  • are a student and can show you have enough money to live on and have comprehensive sickness insurance
  • are a self-sufficient person and can show you have enough money to live on, and have comprehensive sickness insurance, or
  • already have the right of permanent residence

If you are covered, your family members living with you in an EU country by 31 December 2020 are also covered.

The Withdrawal Agreement also protects you if you live in the UK or another EU country and work in a different EU country. These are known as ‘frontier workers’.

All UK nationals and their family members who wish to retain their right of residence must apply for a new residence card as beneficiaries of the Withdrawal Agreement, including those who already hold a valid residence document.

 

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