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UK national

A definition of a citizen of the United Kingdom of Great Britain and Northern Ireland (United Kingdom national) for European Community (EC) purposes was contained in a declaration made by the United Kingdom at the time of the United Kingdom's signature of the Treaty of Accession to the EC. This was replaced, with effect from 1 January 1983, by the current definition, which reads as follows: "As to the United Kingdom of Great Britain and Northern Ireland, the term "UK nationals" is to be understood to refer to:

  • British Citizens with the exception of the Channel Islands and Isle of Man*
  • Persons who are British subjects by virtue of Part IV of the British Nationality Act 1981 and who have the right of abode in the United Kingdom and are therefore exempt from United Kingdom immigration control
  • British OverseasTerritories Citizen with a connection to Gibraltar

* The Channel Islands and Isle of Man were only regarded as being a part of the European Union for trade in goods, otherwise were not a part of the EU. The holders of a Jersey passport (GBR-AO-2008) may have an endorsement on Page 32: “THE HOLDER IS NOT ENTITLED TO BENEFIT FROM EU PROVISIONS RELATING TO EMPLOYMENT OR ESTABLISHMENT”.  If page 32 is endorsed “THE HOLDER IS NOT ENTITLED TO BENEFIT FROM EU PROVISIONS RELATING TO EMPLOYMENT OR ESTABLISHMENT”, the holder is not protected by the withdrawal agreement.  If this endorsement is not present on Page 32, the holder is protected by the withdrawal Agreement. The same applies to Isle of Man (GBR-AO-02007) and the Bailiwick of Guernsey (GBR-AO-02005).

UK national family member

A category of a UK national family member includes:

  • spouse, civil partner or durable partner where the relationship was established by 31 December 2020;
  • dependent direct relative in the ascending line (parent or grandparent) where the relationship was established by 31 December 2020;
  • dependent direct relatives in the descending line (children, grandchildren) either where the relationship was established by 31 December 2020, or where they were born to or legally adopted by the primary right holder after 31 December 2020;
  • extended family members whose residence in the host state had been facilitated by the primary right holder by 31 December 2020. This includes where it has been applied for by 31 December 2020

If you’re a UK national family member you are eligible to apply for residence if all of the following apply:

  • you were resident in Poland by 31 December 2020 and still live here
  • your relationship with them began before 31 December 2020 (unless they’re a child born or adopted after that date)
  • the relationship still exists when they applying

 

 

 

Uninterrupted residence of the third country citizen (non-EU Citizen)

The residence of a non-EU citizen is uninterrupted if none of your stay out of Poland was longer than 6 months, and all the intervals together did not exceed 10 months period. There are some exceptions from this regulation if:

  1. your stay outside Poland was connected with business trips, or
  2. you were accompanying your spouse or parent, who is employed in Poland, on a business trip, or
  3. you are/were a student at a Polish university and attended a course/internship outside Poland, or
  4. your absence in Poland was caused by illness, hospitalization or other important circumstances lasted no longer than 6 months.
User-employer

An employer you were delegated to by a temporary employment agency. The customer/user-employer will only be determined in cases where provisions of the Act on the Employment of Temporary Agency Workers are applicable, and the temporary employment agency is the employer.