Right to stay for over 3 months
The Union citizens shall have the right to stay in the Republic of Poland for the period longer than 3 months, if:
- he/she is an employee or a self-employed person in the territory of the Republic of Poland (in this case the right to stay extends over the family member staying in the Republic of Poland with the Union citizen);
- he/she is covered by the general health insurance or is a person entitled to health insurance or is a person entitled to health insurance benefits on the grounds of the provisions on co-ordination under Article 5 (23) of the Act of 27 August 2004 on health insurance benefits finances from public funds (Journal of Laws, No. 210, item 2135, as amended) and is in possession of sufficient funds to provide for himself/herself and his/her family members in the territory of the Republic of Poland without the need to make use of social insurance benefits (in this case the right to stay extends over the family member staying in the Republic of Poland with the Union citizen);
- he/she studies or undergoes vocational training in the Republic of Poland and is covered by general health insurance or is a person entitled to health insurance or is a person entitled to health insurance benefits on the grounds of the provisions on co-ordination under Article 5 (23) of the Act of 27 August 2004 on health insurance benefits finances from public funds and is in possession of sufficient funds to provide for himself/herself and his/her family members in the territory of the Republic of Poland without the need to make use of social insurance benefits (in this case the right to stay extends over the spouse and child supported by the Union citizen or his/her spouse and those staying with him/her in the Republic of Poland);
- he/she is married to a Polish national;
or if he/she has a promise of employment permit in the territory of Republic of Poland, in the case of a Union citizen against whom the limitations in the access to labour market apply pursuant to international agreements.
The Union citizen and his/her family member who ceased to meet the above mentioned conditions shall maintain the right to stay in cases determined in detail in the Act of 14 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), of professional or family nature.
If the residence in the territory of the Republic of Poland lasts more than 3 months, the Union citizen shall be obliged to register his/her residence and the family member who is not a Union citizen shall be obliged to obtain the Union citizen family member residence card.
The application for registration or issuance of the residence card of a member of the Union citizen’s family shall be submitted personally to the voivode competent for the place of residence of the Union citizen no later than on the next day after the deadline of 3 months from the day of entry to the territory of the Republic of Poland.
The application shall be accompanied by documents or written statements confirming the fulfilment of residence requirements and in the case of the request to issue a residence card of a member of the Union citizen’s family it shall be accompanied also by photographs.
A valid travel document shall be presented upon submission of the request to register the residence or to issue a residence card of a member of the Union citizen’s family. A Union citizen may present other valid document which confirms his/her identity and citizenship.
The voivode shall immediately issue a certificate of submission of the application to the family member who is not a Union citizen.
The voivode shall issue a certificate of registration of residence to the Union citizen, whose residence has been registered. You shall present a valid travel document or another document certifying your identity and citizenship as well as the proof of payment of a sum of PLN 1 at the receipt of the certificate.
Residence card of a member of the Union citizen’s family is issued by the voivode. You shall present a valid travel document and the documents certifying payment of the fee of PLN 30 at the receipt of the residence card.
The Union citizen or his/her family member shall apply to the voivode competent for the place of residence for the replacement of the certificate on registration of Union citizen residence or the residence card of the Union citizen’s family member in case of amendments of data included or destruction.
When submitting an application for replacement or issuance of a new certificate of registration, a valid travel document or another document certifying his/her identity and citizenship shall be presented.
When submitting an application for replacement or issuance of a new residence card of the Union citizen’s family member, a valid travel document shall be presented and the residence card of the Union citizen’s family member in possession as well as photographs shall be attached to the application.
In case of annulment of the residence card of the Union citizen’s family member or death of the family member the said documents shall be returned immediately to the authority that issued the card.
Source: http://www.udsc.gov.pl/index.php?documentName=main