The post-Brexit era has brought significant changes for UK citizens wishing to live, work, or study in Poland. Understanding the updated residency requirements is essential to ensure compliance with Polish immigration laws and avoid unnecessary complications. This guide provides a detailed overview to help you navigate the process.
1. Short Stays (Up to 90 Days)
UK citizens can stay in Poland visa-free for up to 90 days within a 180-day period. This is because Poland is part of the Schengen Area, which allows short-term stays for tourism, business, or family visits. For these short visits:
Ensure your passport is valid for at least three months beyond your intended departure date.
Note that the 90-day limit applies cumulatively across all Schengen countries, not just Poland.
You cannot engage in paid work during this period unless you have a specific work visa or permit.
2. Longer Stays (Over 90 Days)
If you plan to stay in Poland for more than 90 days, you must apply for a residence permit. The specific type of permit depends on your reason for staying. Here are the most common categories:
Employment: You will need an official work permit and proof of employment, such as a signed work contract. Some professions may require additional certifications or qualifications to be recognized in Poland.
Studying: If you are pursuing education at a Polish university or other accredited institution, you will need an enrollment confirmation letter and proof of tuition payment. You may also need to demonstrate sufficient funds to support yourself during your studies.
Family Reunification: If you are joining a family member who is a Polish citizen or a legal resident, you must provide documentation proving your relationship, such as a marriage certificate or proof of dependency.
Other Reasons: This may include retirement, business investments, or humanitarian grounds. Each case will require specific supporting documents.
Applications for residence permits must be submitted to the local Voivodeship Office (Urząd Wojewódzki) in the region where you intend to reside. Processing times can vary significantly, often taking several weeks or months.
3. UK Citizens Residing in Poland Before January 1, 2021
If you were already living in Poland before the Brexit transition period ended on December 31, 2020, your rights are protected under the Withdrawal Agreement. To maintain your residency status, you were required to register your stay by the relevant deadlines. If you missed this deadline, contact the appropriate authorities immediately to discuss your options for regularizing your status.
Under the Withdrawal Agreement:
You are entitled to continue living and working in Poland.
You may apply for a new residency document confirming your rights under the agreement. This document helps simplify administrative processes and proves your legal status in Poland.
4. Key Documents for Residence Applications
To successfully apply for a residence permit, you will need:
A valid passport (ensure it is not close to expiration).
Completed application forms (available at the Voivodeship Office or online).
Proof of health insurance covering medical costs in Poland.
Evidence of sufficient financial means to support yourself (e.g., bank statements, employment contracts).
Documents specific to your purpose of stay, such as:
Work permit and employer’s confirmation.
Enrollment letter from a university.
Marriage or birth certificates for family reunification cases.
It is advisable to prepare both originals and certified copies of these documents.
5. The Application Process: Step by Step
Gather Required Documents: Review the specific requirements for your permit category and ensure you have all necessary paperwork.
Submit Your Application: Visit the Voivodeship Office in your region and file your application. Some offices may allow online submissions, but in-person visits are often required.
Biometric Data Collection: You will need to provide fingerprints and a photograph as part of the application process.
Pay Applicable Fees: Fees vary depending on the type of residence permit but typically range from 340 PLN to 640 PLN.
Wait for a Decision: Processing times can take anywhere from several weeks to a few months. You will receive notification by mail or email.
6. What Happens If You Overstay?
Overstaying your allowed period in Poland can lead to serious consequences, including:
Fines or penalties.
A temporary or permanent ban from entering the Schengen Area.
Deportation at your own expense.
If you realize you may overstay, contact local immigration authorities as soon as possible to explore potential solutions, such as applying for an extension or regularizing your stay.
7. Practical Tips for a Smooth Application Process
Start Early: Begin gathering documents and preparing your application well before your current stay expires.
Stay Informed: Rules and requirements may change, so regularly check updates from Polish immigration authorities.
Seek Expert Advice: Consulting with an international lawyer experienced in Polish immigration law can help you avoid errors and delays.
Maintain Copies: Keep digital and physical copies of all documents submitted during the application process.
8. FAQs About Residency in Poland After Brexit
Can I work in Poland with a tourist visa? No, working on a tourist visa or without proper authorization is illegal and can result in severe penalties.
Is health insurance mandatory? Yes, you must have valid health insurance to apply for a residence permit.
Can my family join me in Poland? Yes, but you will need to apply for family reunification permits and provide evidence of your relationship.
Need Professional Assistance?
Understanding the intricacies of post-Brexit residency rules in Poland can be overwhelming, but you don’t have to navigate it alone. Our team of experienced international lawyers is here to guide you through every step of the process, ensuring your application is smooth and successful. Contact us today to discuss your situation and get personalized legal support.
