Brexit Reminder: Why You Should Get a Residence Permit Ahead of EES/ETIAS Changes

Sometimes, I provide You with useful information sourced directly from official resources, without adding my legal analysis.

This reflects my commitment to keeping You informed and aligned with the latest legal developments so far as Official state authorities may sometimes release updates in a manner that does not require additional legal analysis from me. So, to yhe point:

British nationals and their family members who qualify as beneficiaries under the Withdrawal Agreement retain the right to apply for a residence document bearing a reference to the Agreement, provided they have not yet done so. Obtaining this document is highly recommended, as it confers significant practical benefits. Specifically, it exempts holders from future obligations, such as registration in the Entry/Exit System (EES) when crossing external EU borders, and the requirement to secure ETIAS travel authorization for short-term visits to EU/Schengen countries.

In Poland, the residency status of British nationals and their family members is governed by a declaratory system. Under this framework, there is no legal requirement to obtain a residence document as a condition for lawful stay in the country. Nevertheless, it is strongly advised that all beneficiaries of the Withdrawal Agreement secure updated residence documents that explicitly reference the Agreement.

Such documents significantly streamline the exercise of rights conferred by the Withdrawal Agreement. Moreover, they exempt holders from future obligations, such as registration in the EU Entry/Exit System (EES) when crossing external borders and the requirement to obtain ETIAS travel authorization for short-term visits to EU/Schengen states. These systems are anticipated to become operational in 2024.

Eligible applicants include British nationals and their family members who exercised their right of residence under EU law prior to the end of 2020 and continue to reside in Poland. Applications for residence documents must be submitted to the competent provincial office (**Urząd Wojewódzki**) based on the applicant’s place of residence. It is advisable to complete this process promptly to ensure continued compliance and convenience.

Based on materials from the website of The Office for Forregners Affairs.
Oryginal text: Brexit – informacje i wnioski – Urząd do Spraw Cudzoziemców – Portal Gov.pl