9 August 2024

EES/ETIAS and the residence permit of UK citizens after Brexit

An EU IT system is due to be launched in the first half of 2025 that will record the entries and exits of non-EU nationals (EES), as well as short-term travel permits (ETIAS) to the EU. Therefore, UK citizens living in Poland and their eligible family members should consider applying for a residence permit now - if they have not already done so.

On 1 February 2020, The Agreement on the withdrawal of the UK from the European Union and the European Atomic Energy Community (the so-called Brexit) came into force on 1 February 2020, and British citizens lost their status as EU citizens.

Consequently, after the end of the transition period (which lasted until the end of 2020), UK citizens and their family members no longer have freedom of movement and residence in the European Union, unless they retained these rights on the date of the end of the transition period as so-called beneficiaries of the withdrawal agreement. Beneficiaries of this agreement have retained their right of residence and the possibility to obtain a residence permit in Poland if:

  • They exercised their right of residence in Poland in accordance with EU law before the end of the transitional period;
  • They continue to reside in Poland.

Why is it worth completing the formalities and obtaining a residence permit? Because they will entitle you to:

  • Exemption from registration in the EU EES system when crossing external EU and Schengen borders;
  • Exemption from the need to obtain an ETIAS permit for short-term travel to EU/Schengen countries.

We invite you to follow the ‘foreigners’ tab on our blog for a practical summary of the changes to immigration law, which covers the introduction of EES and ETIAS.

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