A family member of a UK citizen means the following persons, regardless of nationality:
- spouse
- the partner with whom the Union citizen has entered into a registered partnership, on the basis of the legislation of the Member State concerned, if the legislation of the host Member State recognizes the equivalence between registered partnership and marriage, and under the conditions laid down in the relevant legislation of the host Member State;
- direct descendants (children) who are under the age of twenty-one or are dependent, and those of the spouse or civil partner
- dependent direct ascendants (parents) and those of the spouse or civil partner
- persons other than those defined above, whose presence is necessary for UK citizens so that these UK citizens are not deprived of the right of residence granted to them under the Withdrawal Agreement (this category concerns the right of residence of the immediate ascendant minor of the EU citizen having actual custody of that minor EU citizen and on whom the minor EU citizen is dependent).
Family members of a UK citizen are beneficiaries of the Withdrawal Agreementif they meet one of the following conditions:
- they lived in Poland in accordance with EU law before the end of the transition period and still live here;
- were directly related to the above-mentioned UK citizens and resided outside Poland before the end of the transition period, if they meet the above conditions at the time of applying for a stay under the Withdrawal Agreement in order to join the abovementioned UK citizens;
The Withdrawal Agreement also provides for a category "Family members to come" - children of the above-mentioned citizens of the UK (does not include children of the spouse, unless also adopted by the above-mentioned citizen of the UK) or adopted by them, born or adopted after the end of the transition period, in the host country or outside its territory, up to the age of 21 and dependent on a UK citizen or his/her spouse/partner who meets one of the following conditions at the time of applying for residence in order to join the above-mentioned UK citizens:
- both parents are UK citizens;
- one of the parents is a citizen of the UK and the other is a citizen of the host country; or
- one of the parents is a citizen of the UK and has sole or joint custody of the child.
