The category of a Family Member of a UK National includes the following persons, regardless of nationality:
• the spouse
• the civil partner or durable partner with whom the EU citizen has contracted a registered partnership under the legislation of a Member State, if the legislation of the host Member State treats registered partnerships as equivalent to marriage, and under the conditions laid down in the relevant legislation of the host Member State;
• direct descendants (children) up to 21 years of age or who are dependent on the EU citizen, including those of the spouse or partner;
• direct ascendants (parents) who are dependent on the EU citizen, including those of the spouse or partner;
• other persons not defined above whose presence is required for the UK national to avoid being deprived of the right of residence granted under the Withdrawal Agreement (this category includes persons with a direct right of residence as the direct ascendant of a minor EU citizen, who has actual custody of the minor and upon whom the minor EU citizen is dependent).
Family Members of a UK National are Beneficiaries of the Withdrawal Agreement if they meet one of the following conditions:
• they resided in Poland in accordance with EU law before the end of the transition period and continue to reside there;
• they were direct relatives of the above-mentioned UK nationals and resided outside Poland before the end of the transition period, provided they meet the above conditions at the time of applying for residence under the Withdrawal Agreement for the purpose of joining the above-mentioned UK nationals.
The Withdrawal Agreement also provides for a category of Future Family Members, that is children of the above-mentioned UK nationals (not including the children of a spouse unless also adopted by the UK national) or children adopted by them, born or adopted after the end of the transition period, either in the host state or outside its territory, who are under the age of 21 and are dependent on the UK national or their spouse/partner, and who, at the time of applying for residence to join the above-mentioned UK nationals, meet one of the following conditions:
• both parents are the above-mentioned UK nationals
• one parent is the above-mentioned UK national and the other is a national of the host country; or
• one parent is the above-mentioned UK national and has sole or joint custody of the child.