A citizen of the European Union can relatively easily move to and take up employment in Poland. However, if they plan to stay in Poland for more than 3 months, they should complete certain formalities related to residence registration. In practice, many people do not know exactly when the obligation to register their residence arises, what documents need to be prepared, and how the registration of an EU citizen’s residence differs from registration of a permanent address. In this article, we explain the most important rules concerning the residence of European Union citizens in Poland.
Who is treated as an EU citizen?
The provisions concerning freedom of movement and residence apply to citizens of European Union Member States. Under the rules provided for in the provisions concerning the free movement of persons, citizens of Norway, Iceland, Liechtenstein and Switzerland are also treated in the same way.
This means that, among others, citizens of France, Belgium, Germany, Spain, Italy, the Netherlands or the Czech Republic who plan a longer stay in Poland may use the residence registration procedure.
Can an EU citizen live in Poland without a residence permit?
Yes.
One of the fundamental principles of EU law is the freedom of movement and residence. An EU citizen does not have to obtain a classic residence permit in order to legally live in Poland.
In the case of a stay of up to 3 months, an EU citizen may, as a rule, stay in Poland without having to meet additional residence conditions, apart from the obligation to hold a valid travel document or a document confirming their identity and citizenship.
Residence of an EU citizen in Poland for more than 3 months
The situation changes if the stay is to last longer.
If a citizen of the European Union intends to stay in Poland for more than 3 months, they should register their residence. This does not mean, however, that every person who stays in Poland for more than 3 months automatically acquires the right of residence. An EU citizen should meet one of the conditions specified in the regulations.
The right of residence for more than 3 months is granted in particular to an EU citizen who:
- works in Poland on the basis of an employment relationship;
- conducts business activity or works on a self-employed basis;
- has sufficient financial resources to support themselves and their family members, as well as appropriate health insurance;
- studies or undergoes vocational training and has appropriate financial resources and health insurance;
- is a family member of an EU citizen who meets the conditions of residence.
The detailed conditions depend on the individual situation of the foreigner.
The application for registration of an EU citizen’s residence must be submitted no later than on the day following the expiry of 3 months from the date of entry into Poland.
The application is submitted to the voivode competent for the place of residence of the EU citizen.
As a rule, the application must be submitted in person. In particularly justified cases, including due to the applicant’s health condition, it is possible to waive the requirement of personal appearance.
What documents are required to register an EU citizen’s residence?
The scope of documents depends on the basis of residence.
An EU citizen employed in Poland will present different documents, a person conducting business activity will present others, and a student or a person supporting themselves from their own funds will present yet other documents.
For example, depending on the situation, documents confirming the following may be required:
- employment in Poland;
- conducting business activity;
- having sufficient financial resources;
- having health insurance;
- studying or undergoing vocational training;
- family situation.
After the procedure has been completed, the EU citizen receives a certificate of registration of an EU citizen’s residence. This document confirms the exercise of the right of residence in Poland for a period exceeding 3 months. It is issued by the voivode competent for the place of residence of the EU citizen. No fee is charged for its issuance, and the document is valid for 10 years from the date of issue.
It is worth remembering that in the case of an EU citizen, we are referring to a certificate of registration of residence, rather than the classic residence card issued to foreigners from outside the EU.
Residence registration and registration of a permanent address – what is the difference?
Registration of an EU citizen’s residence and registration of a permanent address are two different procedures.
Residence registration is related to an EU citizen exercising their right of residence in Poland for a period exceeding 3 months. The application is submitted to the voivode. Registration of a permanent address, on the other hand, is related to a specific address of residence and is governed by separate regulations. Importantly, registration of a permanent address does not replace the registration of an EU citizen’s residence. These are independent obligations.
What are the consequences of failing to register an EU citizen’s residence?
Failure to fulfil the obligation to register an EU citizen’s residence may result in the imposition of a fine. This obligation follows directly from the Act regulating the rules concerning the entry into, residence in and departure from Poland of citizens of EU Member States and their family members.
It should be emphasised, however, that failure to register one’s residence does not automatically mean losing the right of residence in Poland or having to leave the territory of Poland. An EU citizen who meets the substantive conditions for residence for more than 3 months may still exercise their right of residence, but should fulfil the administrative obligation incumbent upon them and register their residence.
The lack of a certificate of residence registration may also have practical consequences. A document confirming residence registration may be useful or required in various everyday situations, including in contacts with an employer, a bank or other institutions.
