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LEGAL BASIS

With respect to the Act of 14th July 2006 on the entry into, residence in and exit from the Republic of Poland of nationals of the European Union Member States and their family members (Journal of Laws no 144, item 1043 as amended).

WHO IS ADDRESSED BY THIS LAW

THE ACT APPLIES TO:

• 1) nationals of the Member States of the European Union
• 2) nationals of Member States of the European Free Trade Association (EFTA) - the contracting parties to the Agreement on the European Economic Area;
• 3) nationals of Swiss Confederation;
• 4) family members of nationals defined in para. 1-3 who accompany or join them

DEFINITIONS

• "EU citizen" shall mean a foreigner:
  a) national of a Member State of the European Union, b) national of a Member State of the European Free Trade Association (EFTA) - a contracting party to the Agreement on the European Economic Area,c) national of Swiss Confederation.
• "a family member" shall mean a foreigner who is or who is not an EU citizen:
  a) spouse of an EU citizen, b) EU citizen's or his/her spouse's descendant who is under the age of 21 years or is a dependant of the EU citizen and/or his or her spouse ,c) dependant relatives in the ascending line of the EU citizen and/or his or her spouse.

ADDITIONAL INFORMATION

The above-mentioned Act transposes the provisions of the Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC,90/364/EEC, 90/365/EEC and 93/96/EEC ( OJ L 158 of 30.4.2004, p. 77; Polish special edition: chapter 05 volume 05 p. 46).

The above-mentioned Act applies not only to the nationals of the Member States but also to citizens of Iceland, Norway, Liechtenstein and Switzerland and their family members who join them or accompany them.

NOTE:

The provisions of the Act of 13 June 2003 on foreigners do not apply to the EU Member States nationals or their family members, who accompany them or join them, except from the Article 3 para. 2 of this Act.  

Residence permit, fixed time residence permit, residence card of an EU citizen and residence documents issued pursuant to the Act o 27 July 2002 on the principles and conditions of entry and residence within the territory of the Republic of Poland of nationals of the Member States of the European Union and members of their families (Dz.U. No 141, Item 1180, as amended) shall preserve their validity until the end of the period, for which they were issued.