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LEGAL BASIS

Articles 42, 43, 45 and 63 of 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).

APPLICATION

An EU citizen's family member who is not an EU citizen submits an application for issuing a permanent residence card of an EU citizen's family member at the Voivodeship Office with jurisdiction over the place of residence of an EU citizen before the term of validity of his or her residence card expires.

CONDITION OF A CONTINUOUS STAY

The residence in the territory of the Republic of Poland is considered uninterrupted if the interruptions do not exceed in total 6 months in a year.

The stay in the Republic of Poland is not considered to be interrupted if the territory is left for a period longer than 6 months in a year because of:

• carrying out a compulsory military service,
• important personal situation, in particular pregnancy, childbirth, illness, studies, vocational training, delegation requiring stay outside the Republic of Poland, provided that such period is not longer than 12 consecutive months.

The execution of a decision on expulsion of EU citizen shall be considered as discontinuation of his or her stay in the territory of the Republic of Poland.

TIME LIMIT FOR HANDLING A FILE

A permanent residence card of an EU citizen's family member is issued no later than 6 months from the day of submiting the application.

Rights granted with the permanent residence card of an EU citizen's family member

A permanent residence card of a family member of an EU citizen confirms the family member's right to reside permanently in the territory of the Republic of Poland and entitles him or her to multiple crossing of the border without visa on the basis of a valid travel document only.

VALIDITY OF THE RESIDENCE CARD

Residence card of an EU citizen's family member is valid for 10 years.

REPLACING a permanent residence card of an EU citizen's family member

The permanent residence card of an EU citizen's family member must be replaced in case:

• 1. the data presented in the document changes,
• 2. it is damaged or other circumstances occur which make it difficult to establish the identity of its holder.

1. the term of its validity expires.

After an EU citizen's family member, who is not an EU citizen, has submitted the application,  a permanent residence card of the EU citizen's family member is replaced or a new card is issued without delay.
The application must be submitted in person. The requirement of personal submission of the application does not concern minors.

The application:

• 1. for replacing a permanent residence card of an EU citizen's family member - should be accompanied by the currently held permanent residence card and 2 photographs,
• 2. for issuing a new permanent residence card of an EU citizen's family member - should be accompanied by the currently held residence card and 5 photographs.

Anyone who:

• evades the obligation of holding or replacing a permanent residence card of an EU citizen's family member,
• fails to return a permanent residence card of an EU citizen's family member, contrary to the requirement,

is punishable by a fine.

LOSS OF A PERMANENT RESIDENCE CARD OF AN EU CITIZEN'S FAMILY MEMBER

In case of a loss of a permanent residence card of an EU citizen's family member, a new card is issued.

DOCUMENTS:

• an application for issuing a permanent residence card of an EU citizen's family member filled out in Polish;
• travel documents for presentation upon request;
• 5 up-to-date photographs (undamaged, clear, colour 4.5 x 3.5 cm photographs of a person without headwear or dark glasses. The photograph should show a left semi‑profile with the left ear visible, the face should be evenly illuminated. A person with congenital or acquired sight defects may attach to the application photographs of him/her with dark glasses. A person who wears headwear for religious purposes may attach photographs of him/her with such headwear. The headwear, however, cannot make it impossible to identify the person);

FEES

A fee for issuing a permanent residence card to a family member of an EU citizen is PLN 30.

When collecting a permanent residence card of a family member of an EU citizen, the family member shall be obliged to present a valid travel document, and a proof of having paid the fee of PLN 30; in case where the card is collected by the applicant's representative - a power of attorney to collect the card must be presented.

APPEALING

A foreign national may appeal the decision to the Head of the Office for Foreigners through the intermediary of the competent Voivod. Written appeals may be submitted within 14 days from the day of receiving the decision.