A family member who is not an EU citizen retains the right to stay in Poland in the case of:
1) death of an EU citizen, if he stayed with him on the territory of the Republic of Poland for a period of not less than one year before the date of death of the EU citizen;
2) divorce or annulment of marriage with an EU citizen, if:
- the marriage lasted for at least 3 years before the initiation of divorce or marriage annulment proceedings, including one year during the stay of the EU citizen on the territory of the Republic of Poland, or
- as a former spouse of an EU citizen, he takes care of his children, based on an agreement between former spouses or on the basis of a court decision, or
- this is supported by particularly significant circumstances, including those related to being subjected to domestic violence
- during the marriage, or
- as a former spouse of an EU citizen, has the right to visit a minor child, based on an agreement between the former spouses or on the basis of a court decision, when the agreement or decision states that the visit takes place on the territory of the Republic of Poland.
In the event of the death or departure of an EU citizen from the territory of the Republic of Poland, a child of an EU citizen residing and learning or studying in this territory, and the parent taking care of him, regardless of his citizenship, retain the right of residence until the child completes education or studies.
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