Brexit

Brexit

At midnight from Friday to Saturday from 31.01 to 01.02.2020 Great Britain left the European Union. Pursuant to the agreement on leaving the EU, the so-called transitional period. This means that, among others the rules for crossing the border and stay of UK citizens and their family members in Poland will remain unchanged.

The agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland with the EU provides for a transition period until the end of 2020. It provides for maintaining the current relationship between the European Union and the United Kingdom on current conditions, including preservation of the free movement of persons.

Thus, from February 1 to December 31, 2020, the current rules for crossing the border between Poland (EU) and the United Kingdom will apply. Citizens of the Republic of Poland will be able to travel to Great Britain on the basis of an ID card or passport.

During the transitional period, the rules for crossing the border, stay and work of UK citizens and their family members in Poland will also remain unchanged. People living in Poland during the transitional period and continuing this stay after its end will maintain their residence rights and will not have to register to secure them. The obligation to register after the end of the transitional period will apply only to UK citizens who are frontier workers - gainful employment in Poland but living in another country.

However, UK citizens will be able to exchange their residence permits issued to them as EU citizens for documents certifying their rights under the Withdrawal Agreement, or to obtain such residence permits if they did not already have them. It is planned that these documents will be issued by voivodeship offices after the end of the transitional period.
Frequently asked questions
1. Do parents of a child under 6 years of age want to legalize their stay?
The withdrawal of Great Britain from the European Union under the Exit Agreement is connected with the commencement of the so-called transitional period from February 1, 2020, which will last until December 31, 2020. During this period, the rules of entry and residence of citizens of the United Kingdom of Great Britain and Northern Ireland exercising their right to free movement and members of their families are regulated in the territory of the Republic of Poland, the Act, until now applicable, of July 14, 2006. on entering and staying on the territory of the Republic of Poland, citizens of European Union Member States and their family members (i.e. from 2019, item 293, as amended).

In accordance with art. 21 paragraph 1 of the abovementioned Act, registration of stay takes place at the request of an EU citizen, and the issue of a residence card of a family member of an EU citizen - at the request of a family member who is not an EU citizen. This application, referred to in paragraph 2, shall be submitted in person, no later than the next day after the expiry of three months from the date of entry into the territory of the Republic of Poland. The requirement to submit an application in person does not apply to minors.

From the wording of Art. 22 of the Act of 4 February 2011, Private International Law (Journal of Laws of 2015, item 1792, hereinafter referred to as "p.p.m.") shows that statutory representation is subject to the law applicable to the legal relationship from which the power of representation arises. In addition, art. 59 clause 1 p.m. provides that the law applicable to matters of parental responsibility and contact with the child is set out in the Convention on jurisdiction, applicable law, recognition, enforcement and cooperation in the field of parental responsibility and child protection measures, done at The Hague on October 19, 1996 (Journal of Laws Official Journal EU L 151 of 11.06.2008, p. 39; Journal of Laws of 2010 No. 172, item 1158, hereinafter "the Convention").

Therefore, from art. 17 of the Convention shows that the exercise of parental responsibility is governed by the law of the child's habitual residence. In the event of a change in the habitual residence of the child, he is subject to the law of the state of the new habitual residence.

However, as stated in art. 98 § 1 of the Act of 25 February 1964 - Family and Guardianship Code (Journal of Laws of 2019, item 2086, as amended, hereinafter referred to as 'Civil Code'), parents are the legal representatives of a child remaining under their parental authority . If the child is under the parental authority of both parents, each of them can act as the child's legal representative. In addition, in accordance with art. 99 of the Civil Code. if none of the parents can represent a child remaining under parental authority, they are represented by a guardian appointed by the guardianship court.

In accordance with the wording of Art. 32 of the Act of 14 June 1960 - Code of Administrative Procedure (consolidated text, Journal of Laws of 2018, item 2096, as amended, hereinafter referred to as "kpa"), a party may act through a proxy, unless the nature of the act requires it personal action.

The essence of the problem is proper interpretation of art. 21 paragraph 2 of the Act on entry, and in particular the understanding of the requirement to submit a personal application by a foreigner. A teleological interpretation indicates that the intention of the legislator was to understand this provision in such a way that the phrase "consists in person" means a formal act carried out by a foreigner, consisting in his personal appearance in the competent public administration body and submitting a paper application form authorized to do so accepting an employee of that body.

Therefore, the release of a minor EU citizen or a minor family member of an EU citizen who is not an EU citizen from the requirement to submit an application in person means that the minor foreigner is not obliged to be physically present in the relevant public administration body during its submission.

Going further, it should be noted that in a situation where an administrative case concerns a minor who is not a citizen of the Republic of Poland, represented by a statutory representative, there is a need to determine the law applicable to the relationship of this parental authority. As follows from the already cited art. 17 of the Convention, exercise of parental responsibility is governed by the law of the child's habitual residence. In practice, the concept of "ordinary residence" is defined as a state in which a foreigner resides in the territory of one country without the intention of permanent residence there (characterizing the place of residence). It should therefore be assumed that the habitual residence of a minor EU citizen or a minor family member who is not an EU citizen, in relation to the problem in question, is the territory of the Republic of Poland, and as a result, the applicable law in these matters is Polish law.

As follows from the abovementioned art. 98 parents are the legal representatives of the child remaining under their parental authority. It follows that it includes, in addition to carrying out substantive and legal acts on behalf of a minor, as well as acts before courts, also acts before administrative bodies. These activities, except for the exceptions indicated in the Code of Civil Procedure and other specific laws are always effective and have legal effects. If the parents cannot represent the child, the guardian appointed by the guardianship court appointed by the guardianship court takes over the role of the minor's representative (art. 99 of the Code of Civil Code). This legal person has, in principle, the same rights as the child's parents.

The Family and Guardianship Code does not prohibit parents from establishing a minor representative who may be authorized to act both on their behalf and on behalf of the minor. This entitlement is based on art. However, 32 of the Code of Civil Procedure is subject to restrictions. The legislator imposes an obligation on a party to act personally if the nature of the act requires it.

One of such activities, requiring the party's personal action, is submission of applications for registration of an EU citizen's stay or for the issue of a residence card of a family member of an EU citizen, which in the context of applying to a public administration body with an individual request is understood as filling out the application form, and then submitting, under a declaration of truthfulness of the data contained in the application, a personal signature by the party.

Therefore, when the request concerns a minor foreigner, the persons authorized to complete and, most importantly, sign this application are only his legal representatives or a guardian appointed by the guardianship court. This does not mean, however, that the nature of the entire proceedings in the matter of registering a stay or in the issue of a residence card of a minor family member who is not an EU citizen excludes the participation of a representative. Other appropriate actions may also be performed by a properly authorized representative.

To sum up, it should be noted that the applicable provisions:

They do not require the physical presence of a minor foreigner in a competent public administration body when submitting an application for registration of an EU citizen's stay or for the issue of a residence card of an EU citizen's family member
They require that the acts of submitting an application regarding the residence of a minor foreigner are performed by representatives of the minor's statute or a guardian appointed by the guardianship court.
They do not object to the fact that the application filled in by the legal representatives of the minor or by his guardian was not lodged during personal appearance in the office serving the voivode, but through the postal operator
They do not oppose that other activities in the proceedings, apart from the action of submitting the application, were performed by an attorney appointed by the legal representatives of the minor or by his guardian.
2. I am a British citizen. I live in Poland (permanent residence) since 1978. In the current document confirming the right of permanent residence (valid until 2027) is the column Citizenship Great Britain. Do I have to replace this card? The situation also applies to my adult children.
WITHDRAWAL AGREEMENT AND TRANSITIONAL PERIOD

On February 1, 2020 the Agreement on the withdrawal of the United Kingdom from the European Union and the European Atomic Energy Community has entered into force. With this date began the so-called transition period, which will end on December 31, 2020.

During the transitional period, Union law shall apply to the United Kingdom and in its territory, and references to Member States in applicable Union law shall be understood as including also the United Kingdom, unless the Agreement provides otherwise.

The free movement of persons between the United Kingdom and the European Union during the transitional period is maintained until the end of the transitional period, i.e. until 31 December 2020.

AFTER THE TRANSITION PERIOD PROVIDED FOR IN THE WITHDRAWAL AGREEMENT

After the end of the transitional period provided for in the Withdrawal Agreement, i.e. from January 1, 2021. UK citizens and their family members will have the right of residence or permanent right to Poland in principle under the current conditions if:

exercised their right of residence (or permanent residence) in Poland in accordance with EU law before the end of the transitional period (this also applies to UK citizens who entered the Republic of Poland after the date of Brexit and before the end of the transitional period);
they still live in Poland.
The interviewer meets these criteria as described in the case.

The right of residence or the right of permanent residence of these persons on the territory of Poland, who are beneficiaries of the Withdrawal Agreement, will result directly from the Withdrawal Agreement, as well as will be regulated in the Act of 14 July 2006 on entering, staying in and leaving the territory of the Republic of Poland the territory of the citizens of the Member States of the European Union and their family members, by including the concept of "EU citizen" as used by this Act also citizens of the United Kingdom of Great Britain and Northern Ireland, who are beneficiaries of the Withdrawal Agreement, and by including the concept of "family member" of family members of United Kingdom citizens who are also beneficiaries of the Withdrawal Agreement.

The rules of residence of United Kingdom nationals and their family members who are beneficiaries of the Withdrawal Agreement will be analogous to those applicable to EU citizens and their family members, taking into account certain modifications resulting from the Withdrawal Agreement.

It is planned that this system will be declaratory in Poland, there will be no obligation to obtain a new residence status and residence permit as a condition of legal stay in Poland under the Withdrawal Agreement. Persons qualifying for the right of residence under this Agreement shall, however, be entitled to receive in accordance with the conditions set out in Directive 2004/38 / EC a residence document containing a statement that it has been issued in accordance with this Agreement.

However, taking into account practical considerations regarding the exercise of the rights of beneficiaries of the Withdrawal Agreement, it is recommended that all beneficiaries of the Withdrawal Agreement should receive residence permits containing an annotation relating to this Agreement.

In relation to the above, it is planned to issue to the citizens of the United Kingdom and their family members who are beneficiaries of the Withdrawal Agreement on the territory of Poland, the types of documents that are currently issued to EU citizens and their family members: certificates of registration of an EU citizen (on application for registration of stay), cards residence of an EU citizen's family member, and after acquiring the right of permanent residence: a document confirming the right of permanent residence and a permanent residence card of an EU citizen's family member. At the same time, these documents will contain an annotation that they were issued in accordance with the Withdrawal Agreement.

United Kingdom citizens and their family members who are beneficiaries of the Withdrawal Agreement in Poland who have obtained residence permits issued to EU citizens and their family members by the end of the transitional period will be able to apply to the voivode for the exchange of these documents for documents containing annotation that they have been issued in accordance with the Withdrawal Agreement. Residence permits issued before the end of the transitional period will serve as proof that their holders are beneficiaries of the Withdrawal Agreement.

Applications for the issue of residence permits containing the above-mentioned annotation, including the exchange of existing documents for a document containing the above-mentioned annotation will be possible from January 1, 2021.

It is planned that residence permits issued to UK citizens and their family members before the end of the transition period (EU citizen residence registration certificate, document confirming the right of permanent residence, residence card of an EU citizen's family member and permanent residence card of an EU citizen) shall cease to be valid from on January 1, 2022

Application for exchange of residence permitsissued before the end of the transitional period must therefore be submitted by 1 January 2022.

After this date, beneficiaries of the withdrawal agreement in Poland who have not used the option of exchanging the document will be able to submit a new application for registration of residence and obtain a registration certificate, a new application for a document confirming the right of permanent residence or a new application for a residence card an EU citizen's family member or permanent resident card of an EU citizen's family member. These documents will include an annotation regarding the Withdrawal Agreement.

A United Kingdom citizen who is a frontier worker, as referred to in Article 9 lit. b of the Withdrawal Agreement, which before December 31, 2020 will perform work or conduct other gainful activities on its own behalf and on its own account in the territory of the Republic of Poland without being subject to registration (stays up to 3 months), but will be obliged to register its stay, if, after the expiry of the transitional period, he will continue working or the above-mentioned activity as a frontier worker, i.e. without residing in Poland. Unlike the above-mentioned rules for UK citizens residing in Poland before the end of the transition period, including as employees, obtaining the status of a frontier worker under the Withdrawal Agreement will be conditional upon fulfillment of the obligation to register the stay as a frontier worker. In this way, a UK citizen will obtain a certificate of registration of the EU citizen's stay, containing an annotation confirming the right of a frontier worker under the Withdrawal Agreement. It will also be possible to introduce a time limit for a UK citizen to submit an application for registration of stay as a frontier worker under the Withdrawal Agreement. You will be able to apply for registration as a frontier worker (and obtain as a result of registration of a residence registration certificate for a frontier worker) from January 1, 2021.

The issue of entitling foreigners (including EU citizens) to work in Poland, including the requirement to have a work permit, falls within the competence of the Ministry of Family, Labor and Social Policy.

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