A family member who is not an EU citizen retains the right of residence in the event of:
1) death of an EU citizen meeting the conditions of stay for more than 3 months, if he/she stayed with him/her on the territory of the Republic of Poland for a period of at least one year before the death of the EU citizen;
2) divorce or annulment of marriage with an EU citizen residing in the territory of the Republic of Poland and meeting the conditions of stay exceeding 3 months, if:
- the marriage lasted at least 3 years before the initiation of proceedings for divorce or annulment of marriage, including one year during the stay of the EU citizen in the territory of the Republic of Poland, or
- as the former spouse of an EU citizen, he/she has custody of the Union citizen's children, on the basis of an agreement between the former spouses or a court ruling, or
- it is justified by particularly important circumstances, including those related to the use of domestic violence during the marriage, or
- as the former spouse of an EU citizen, he or she has the right to visit a minor child, on the basis of an agreement between the former spouses or a court ruling, if the agreement or ruling indicates that the visits take place in the territory of the Republic of Poland.
In the event of the death or departure of an EU citizen who meets the conditions of stay for more than 3 months from the territory of the Republic of Poland, a child of an EU citizen residing and learning or studying in this territory and the parent taking care of him/her, regardless of their citizenship, retain the right to stay until the child completes education or studies.
The right of residence of a learning child of an EU citizen and his/her parent (Article 19a):
- A child of an EU citizen who was an employee on the territory of the Republic of Poland, but did not retain the right of residence under Art. 17, who is staying and learning or studying in this territory, has the right to stay until the end of education or studies.
- A parent caring for a child of an EU citizen who was an employee on the territory of the Republic of Poland, but did not retain the right of residence under Art. 17, who is staying and learning or studying in this territory, has the right to stay until the child reaches the age of majority; this right also applies after the child reaches the age of majority, if he/she still requires the presence and care of that parent in order to continue and complete education.
