Employment & labor law

Brexit and the rules of residence and work of British citizens in Poland

On January 24th, 2020 the President of the European Commission, Ursula von der Leyen, and the head of the European Council, Charles Michel, signed an agreement on the UK’s exit from the European Union, opening the way for ratification by the European Parliament.

The text of the agreement was submitted to the European Parliament for ratification on January 29.

The approval by the European Parliament of the Brexit agreement allows EU countries to finalise the UK’s exit from the EU. From February 1, 2020, the UK will no longer be part of the EU. With the brexite, the so-called „brexite” will Begin a transitional period.

The main principles of the Agreement on the withdrawal of the United Kingdom from the European Union:

  1. a transitional period from the date of entry into force of the Agreement until December 31, 2020.
    During this period, the rules of residence and work of British citizens in Poland will remain unchanged. The free movement of persons between the UK and the EU will therefore be maintained during this period.
  2. After the end of the transitional period, British citizens and their family members will have the right to reside in Poland if:
  • exercised their right of residence in Poland in accordance with EU law before the end of the transitional period,
  • they still live in Poland.
  1. As a rule, the right of permanent residence will be granted after 5 years of continuous residence (in accordance with EU law, under the conditions provided for in Directive 2004/38/EC). Periods of legal residence or work in accordance with Union law, occurring before and after the end of the transitional period, will count towards the required period for the acquisition of the right of permanent residence.
  1. The confirmation of the right of residence or the right of permanent residence will be a document containing a note that it was issued in accordance with the withdrawal agreement.
  1. Documents (in a form resembling an ID card) will be issued by voivodeship offices competent for the place of residence.

It is currently planned that British citizens and their family members residing in Poland will be able to apply for these documents after the end of the transitional period. The documents will identify the beneficiaries of the contract after the transitional period.

To sum up, after the UK leaves the European Union on the basis of a withdrawal agreement, British citizens staying in Poland should go to the provincial office to obtain a residence permit.

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