Polish Citizenship Law

Find information about Polish citizenship law and how it changed over the years, eligibility requirements, present legislation and relevant implications

 

Legislation on Polish Citizenship

In many cases of US and Canadian citizens applying for Polish citizenship by descent, their ancestors may have emigrated before 1918, when Poland was still under the occupation of Russia, Austria-Hungary and Prussia. The following is a very relevant piece of Polish citizenship legislation that explains the merits of their situation:

CIRCULAR No. 18 of the Minister of the Interior dated July 9, 1925

Citizenship of persons who were born and naturalized in America.

In view of doubts how, in citizenship respect, should persons who were born in The United States of North America be treated and who have a title to Polish citizenship, The Minister of the Interior explains in this respect conflicts are inevitable because legislation that regulates the citizenship in both countries, that means in Poland and United States, is based on different theoretical rules. Because the first legislation descents from the rule ius sanguinis, that means a person who was born by a Polish citizen is a Polish citizen, the second however from the rule ius soli that means everybody who was born on The United States’ territory is an American citizen without distinction of his father’s citizenship. Pondering the above mentioned issue it should be taken into consideration in cases of:

a) persons who were born BEFORE the act dated on January 20, 1920 (Dz. R.P. Nr 7 poz. 44) on Polish State’s citizenship came into force, that means before January 31, 1920 and

b) persons who were born AFTER the mentioned act came into force

With regards to point a): According to article 2 of the above mentioned act, at the moment of declaration of the act a Polish citizen is every person who is settled on The Polish State’s territory without distinction of sex, age, nationality and religion as to the act’s mind, as far as it does not serve another country’s citizenship to the person. In accordance with rules that result from the act, from acts on settlement and from civil acts settled person’s under age children also became Polish citizens.

Thus if a person who is settled on The Polish State’s territory, in above mentioned meaning, on 31st of January 1920 obtained American citizenship on grounds of birth in The United States, did not become Polish citizen.

It is beyond any doubt that children of a person who is settled on The Polish State’s territory born in The United States and who were over 21 years-old on January 31, 1920 are not Polish citizens.

However it can be questionable if the mentioned children were not 21 year-old yet. Basing on a general rule that results from the Polish legislation it could be maintained that children who obtained Polish citizenship simultaneously with their father (illegitimate with their mother) are Polish citizens although they became American citizens by birth. On the other hand justified is the opinion in the act’s sentence: “as far as it does not serve another country’s citizenship to the person” concerns not only the age of persons but also minors especially in connection with the first sentence of article 2:

“At the moment of declaration… the right to citizenship serves every person, without distinction of sex, age, religion and nationality” and that then the issue of obtaining polish citizenship by children is judged with regards to it regardless of the parent’s citizenship.

Minister of the Interior settled with the Minister of Foreign Affairs the second opinion should be founded as proper and authoritative when affirming the citizenship.

With regards to point b): According to article 4 point 1 of the act dated 20th of January 1920 Polish citizenship is obtained by birth. Then everybody who was born of a person who has become a Polish citizen alternately of a person who obtained Polish citizenship on one of grounds that are designed in mentioned act is a polish citizen regardless of the fact that he was born in The Polish State or abroad.

Thus the persons who were born of a Polish citizen in America after the act dated January 20, 1920 came into force are, without exception, Polish citizens and they should be considered as such although they became simultaneously American citizens.

Then a conflict against this category of people exists and it could be canceled only by a bilateral agreement with The United States that does not exist so far.

As far as it is about other titles of obtaining polish citizenship so about article 3 and 4 subsection 2, 3, 4 and 5 of the act dated 20th of January 1920 the conflict exists for persons who were born in America, although the issue has more theoretical than practical meaning because the interested persons will not, as a rule, lay claims on having the American citizenship grounds because obtaining polish citizenship happened, with few exceptions, according to their will.

Persons who are born in America are Polish citizens if they became polish citizens in the way pointed out in article 3 or obtained polish citizenship in one of ways mentioned in subsections 2-5 of article 4 of the act dated 20th of January 1920 although the American citizenship serves them by birth. Under age children of people who obtained polish citizenship on above mentioned conditions are also polish citizens even if they are American citizens by birth regardless of if they were born before or after the act dated 20th of January 1920 came into force alternately before or after obtaining the polish citizenship on above mentioned titles grounds.

Above mentioned rules should be used similarly to polish citizens who were naturalized in USA. Namely if the naturalization took place before the act on Polish State’s citizenship came into force a person is an American citizen without reservation. If the naturalization happened after the mentioned act came into force persons who are obligated to active military service lost their Polish citizenship only in case of receiving Minister’s of National Defense permission to obtain foreign citizenship according to the last section of article 11 of the act.

For most cases seeking the confirmation of Polish citizenship, the most essential piece of legislation is the Polish Citizenship Act of January 31, 1920. It covers the period from 1920-1951, in which many Polish citizens emigrated to other countries. The subsequent acts of 1951, 1962 and 2011 significantly amended the law governing citizenship, but in most cases those modifications were less essential and do not affect the result of proceedings. Therefore, we have translated the entire act and explained its most important implications.

Act dated January 20, 1920 on Polish State's Citizenship

Article 1. A Polish citizen cannot simultaneously be a citizen of another country.

[ Interpretation of this article changed over the years. Dual citizenship was not recognized in the 1920s, and a Polish citizen naturalized in another country lost his or her Polish citizenship automatically (with one exception as described in article 11). Today this means that a Polish citizen is viewed by the Polish state exclusively as a Polish citizen and no other, regardless of other citizenship that he or she may hold. In other words: double citizenship is now tolerated under Polish law. ]


Article 2. At the moment of declaration of the present act, the right to Polish citizenship serves every person, without distinction of sex, age, religion, or nationality, who: 1) is settled in the territory of the Polish State, as far as it is not entitled to another country’s citizenship. A person regarded as settled in the Polish State: a) is enrolled or is entitled to be enrolled to books of permanent population of former Kingdom of Poland, b) is entitled to homely surrounding in one of communes on the territory of the Polish State, which have made up a part of the Austrian State or the Hungarian State, c) had, before January 15, 1908 on grounds of German citizenship, a permanent residence in the Polish State, which formerly made up a part of the Prussian State, or d) was enrolled to an urban or rural commune or to a state organization on the lands of the former Empire of Russia which are now parts of the Polish State. 2) was born in the territory of the Polish State, as far as it is not entitled to another country’s citizenship; or 3) is entitled to Polish citizenship based upon international treaties.

Article 2a. A person entitled to residence in one of communes on recovered lands of the Cieszynski Silesia, which made up a part of the Republic of Czechoslovakia, holds Polish citizenship if the person or his or her parent has been a permanent resident since November 1, 1918, and if the person has not qualified residence on grounds of public office.


Article 3. Citizens of other countries who are of Polish descent and their progeny will be recognized as citizens of the Polish State if they submit proof of Polish provenance with a declaration that they wish to be Polish citizens and that they resign from the citizenship of another country to the relevant Polish authority after returning to the Polish State. Poles by descent who on October 1, 1938 have had a place of residence on recovered lands of The Cieszynski Silesia will be treated on an equal footing with those Poles who have returned to the Polish State.


Article 4. Polish citizenship is acquired by: 1) birth 2) entitlement, recognition, adoption 3) marriage 4) grant 5) reception of public post or reception of military service in the Polish State, as far as there are no opposing reservations.


Article 5. Children of wedlock acquire their father's citizenship by birth; children out of wedlock acquire their mother's citizenship. Unknown parents' children who were born or found on the territory of the Polish State will be recognized as Polish citizens, as far as other citizenship is not revealed.

[ This is very important article in many cases. Proof of marriage by a civil marriage certificate is crucial in order to determine eligibility through January 19, 1951. If a marriage certificate does not exist, then it is necessary to prove that the father recognized his child within 1 year from the date of child's birth, which is often quite complicated due to fundamental differences in Polish and other countries' legislation. ]


Article 6. By entitlement, recognition, or adoption, a child who is not yet 18-years-old acquires citizenship of his or her father or mother.


Article 7. A woman acquires Polish citizenship by marriage to a Polish citizen.


Article 8. Granting of citizenship can happen on request if the applicant proves that he or she: 1) remains in good social standing, 2) has resided permanently in the Polish State for at least ten (10) years, 3) has a livelihood or earnings for him or herself and his or her family, and 4) speaks Polish. Legal guardians may represent minors and other dependents who wish to apply for Polish citizenship.


Article 9. In exceptional cases that require special consideration, Polish citizenship can be granted for persons who do not meet individual conditions mentioned in article 8. especially on the former Russian Empire's land that is now a part of the Polish State. Polish citizenship can be granted in no case, however, for persons who have been penalized by Polish courts for an offense that entails a restriction of rights, or for persons who are in state of insolvency.


Article 10. A citizen of the Polish State who lost her Polish citizenship by marriage may reclaim it if she makes a statement in an administrative office of her place of residence after cessation of her marriage and resettlement in Poland.

Article 11. Loss of citizenship happens by: 1) obtaining another country's citizenship, 2) taking a public office or entering the service in a foreign country’s army without proper governor's (Capital City of Warsaw Government Commissioner’s) consent, given when entering service in another country’s army in accordance with the District Corps' proper commander.

Persons who are obligated to active military service can only obtain foreign citizenship after obtaining a general military service obligation release according to rules in force. Otherwise, they will be still considered Polish citizens by the Polish State.

[ This is referred to as a 'military paradox'. This article is the most important in many cases, especially from 1920-1951, which legalized Polish citizenship by descent. As article.1 clearly establishes, one cannot be a double citizen, but Polish citizens obligated for military service in Poland (i.e. men between the ages 18 - 50) did not lose their Polish citizenship after they emigrated to and naturalized in another country if they were not permanently released from military duty in Poland. In practice, this almost never happened. If not for this article in the Polish citizenship statue of 1920, 90% of Polish descendants would not be eligible for citizenship today. (N.b.: men who were over 50-years-old lost their Polish citizenship if they naturalized in a foreign country, as did their minor children). ]


Article 12. The Minister of the Interior determines granting Polish citizenship after getting the opinion of a commune in which a given person lives and also of general administration's authorities.


Article 13.The granting and loss of Polish citizenship concerning a wife of a man who is granted or loses Polish citizenship and also his children who are younger than 18 year-old, as far as it is not reserved in granting certificate or in declaration on citizenship's loss.

[ This means that until January 19, 1951, a family inherited the citizenship of the father and husband. If the husband or father lost his citizenship, his wife and children lost it with him. ]


Article 14. This act comes into force on the day of its declaration.


Article 15. Execution of the present act and publicizing of necessary executive decrees, especially also that determine authorities' competences that are not regulated by the present act, a form of documents and details of proceedings are commended to the Minister of the Interior.

The latest act that entered into force in 2011 significantly amended and improved some other Polish citizenship issues but in the most important issue for the most people of Polish origin residing continuously abroad, i.e. the confirmation of the possession of Polish citizenship by origin, did not bring any new solutions.

Some remarks on this issue are as follows:

The previous act laid down that no Polish citizen could concurrently be a citizen of another country. New provisions reversed this rule: a Polish citizen may hold at the same time Polish citizenship and citizenship of another country, but such person has the same rights and obligations in respect to the Republic of Poland as the person who has only Polish citizenship. Moreover, a Polish citizen cannot rely with a legal effect vis-à-vis the authorities of the Republic of Poland on a simultaneously held citizenship of another country and on the rights and obligations resulting thereof.

As for acquiring Polish citizenship this new act continues the ius sanguinis principle: a child acquires Polish citizenship by birth to parents, at least one of whom is a holder of Polish citizenship. The new law supplemented the right of the soil with some new elements: a child acquires Polish citizenship by virtue of law, if he/she was born or found in the territory of the Republic of Poland, and both parents are unknown, or they have no citizenship.

The new act provides for a broad spectrum of ways of acquiring Polish citizenship by way of an administrative act. As in the previous act Polish citizenship is granted by the President of the Republic of Poland. Granting Polish citizenship takes place at the request of a foreigner. The application for granting Polish citizenship shall be submitted to the President via a Head of Province (Wojewoda) or Polish Consul.

The new act widely provides for acquiring Polish citizenship by recognition as a Polish citizen. The previous act laid down that only a person holding unspecified citizenship or no citizenship may be recognized as a Polish citizen, if such person resides continuously in Poland for at least 5 years pursuant to an establishment permit, an EC residence permit for a long-term resident, or a permanent residence permit, whereas the new act implements a broad array of ways of recognizing citizenship: residing in the territory of the Republic of Poland for minimum and continuous periods, having a stable and regular income, a legal title to the occupied living premises, a refugee status, confirmed knowledge the Polish language etc. An administrative authority that proceeds applications for recognition as a Polish citizen is a head of province.

A completely new institution of acquiring Polish citizenship that was previously unknown to Polish law is the restoration of citizenship. This is addressed to those persons who lost their citizenship, e.g. by entering military service in a foreign country or by accepting a public office in a foreign country. The new act provides that the foreigners who in the past had Polish citizenship, but lost them before 1 January 1999, can apply for the restoration of Polish citizenship. It is vital that the acquisition of Polish citizenship shall happen on the day in which the decision on restoring Polish citizenship has become final. This means that the applicant’s children shall also acquire citizenship, but only when they were minor on the day of its granting. It is also noteworthy that prior to the restoration of citizenship, an administrative authority proceeding the application is obliged to state that the applicant lost citizenship. In practice, this disqualifies any proceedings for confirming Polish citizenship in the future. Particular attention should be drawn to this fact as in some cases (probably in most cases) it is much better for the applicant to obtain an administrative authority’s decision on confirmation of Polish citizenship as, in this case, the applicant’s family acquires Polish citizenship by virtue of law.

A foreigner shall submit an application for restoration of Polish citizenship together with all documents to the competent minister for internal affairs. A foreigner residing outside the Polish territory shall submit an application for restoration of Polish citizenship via the consul competent as for the foreigner’s place of residence or his/her agent in Poland. Polish citizenship is restored by the competent minister for internal affairs by decision. The new act also amends procedures for confirmation or loss of Polish citizenship. The relevant application is filed by the person concerned, but proceedings may be initiated ex-officio (this issue aroused much controversy in the previous act). A very important novum – unfortunately, not positive – is the obligation to prove the applicant’s parents’ and grandparents’ personal data. In practice, this considerably obstructs proceedings as it requires the foreigner to conduct extremely time-consuming and painstaking searches for documents and to restore them.

As a conclusion, the act implemented a seemingly very attractive way of acquiring citizenship by its restoration. However, a great weakness of this way is to prevent the applicant’s family from acquiring citizenship in the future. This is a significant inconvenience, having regard in particular to the fact that persons who virtually choose this way would be much more interested in confirming citizenship (this way does not restrict the way of acquiring citizenship by children – even adult ones). Pursuant to the applicable law this way of confirming citizenship itself is an incomparably tougher process, but it does not lose its most essential features and advantages.

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