Polish citizenship & passport

USA and especially Chicago are known to be centers of Poles outside Poland. During XX century – and even before many people living in former Polish territories left Europe and arrived to “New World”. Now many of them wonder if they are eligible for Polish citizenship. Some of their ancestors left territories that were occupied by foreign countries even in XIX century. These waves of emigration were different than others. Many of these people still maintain old Polish documents – sometimes dated to XVIII century. Some of them – even that they didn’t have contacts with Poland in XX century – still know Polish language – as their parents and grandparents teached them about their former motherland. Now they ask – if they, as citizens of US could confirm their Polish citizenship. They show proofs of their Polish ancestry and sometimes they simply don’t understand why these proofs are not enough to obtain certification of Polish citizenship.

Unfortunatelly – “Poland” was occupied then by foreign powers – and simply didn’t exist. So people who lived on these territories were (from formal point of view) citizens of these countries and didn’t hold Polish citizenship when they migrated to US. First Polish Citizenship Act was introduced in 1920. Because of some legal provisions and special solutions – sometimes even people of Polish roots who emigrated before 1920 could be eligible for Polish citizenship – but these situations are very rare, must be checked very carefully and many details could impact on each of them. We can see as general rule – that people who emigrated from Polish territories before 1918-1920 – are not eligible for Polish citizenship and cannot get Polish passport (confirmation of Polish citizenship procedure).

Of course – every general rule has exceptions – so even in these situations, when ancestors emigrated before 1918-1920 – there could be still small chance. If you want to verify your eligibility and check if you can get Polish citizenship and Polish passport – click “legal assistance” banner on left side of this website. Of course, situation of people whose ancestors left Poland after 1920 is usually much more better – and many of them, especially with good legal assistance would be able to receive Polish passport

Project of a new Polish Citizenship Act

The possibility of restoring the Polish citizenship for those who lost their Polish citizenship or renounced it is included in a new project of Polish Citizenship Act, which was adopted by the Polish Parliament, and then vetoed by the President. If that regulation comes into force in the future, it will bring about a situation when more Polish emigrants and their descendants would be able to get a Polish passport.

According to the provisions adopted, a decision to restore the Polish citizenship will lie in competence of Ministry of Interior. The draft of a new law was prepared by the Senate.

Anyway, the Polish citizenship would not be restored to a person who “acted to the detriment of Poland” or participated in human rights violations.

The Act also sets out, inter alia, how to acquire the Polish citizenship: by the fact of birth, adoption, repatriation; by granting it by the President, by declaring (confirming) the Polish citizenship and restoration of the Polish citizenship. Acknowledgement would be left to the discretion of an appropriate provincial governor. These ways specify how to acquire the Polish citizenship and are different from confirmation of the Polish citizenship, which is a procedure proper for people with Polish roots who want to confirm their Polish citizenship.

Polish Citizenship Act – principles

The Act provides for two general principles regarding the Polish citizenship: the principle of continuity of Polish citizenship and the principle of exclusivity.

The principle of continuity of Polish citizenship would guarantee the permanence of citizenship regardless of possible changes made to laws on citizenship. It means that those who acquired Polish citizenship on the basis of old rules, which were then modified, retain them in accordance with the provisions previously being in force.

The principle of exclusivity of Polish citizenship is associated with the problem of dual or multiple citizenship. The Act adopted rule which allows multiple citizenships, while maintaining the absolute priority of Polish citizenship.

The new law will resign from the requirement to abandon the foreign citizenship by person who apply for the Polish citizenship.

The regulation also expands the group of foreigners who will be able to apply for the Polish citizenship. Currently, citizenship may be granted to people who: do not have a particular nationality, reside in Poland for at least five years under a settlement permission or authorization for long-term residence in the European Communities.

Under the new provisions, foreigners who are integrated with the Polish society due to long-term residence, have their own place to live in and means of earning money, respect local laws and does not pose a threat to the national defense, national security or the public safety and security policy, would be able to apply for the Polish citizenship

Polish Citizenship Act – other provisions

The Act also introduces the facility to obtain the citizenship for Poles who receive (or have already received) a “Polish charter” – (Card of Pole). A person who got the card and would reside on the Polish territory for at least one year on the basis of a settlement permission or authorization for long-term residence in the European Communities would be allowed to apply for the Polish citizenship.

MPs adopted with voting the amendment proposed by PiS, which removes the provision of right of option – a choice of nationality – in case of children born in mixed marriages.

This means that a child in such a marriage will have the Polish citizenship, which does not mean that it will not be allowed to have a citizenship of another country, too.

The Polish parliament rejected another amendment proposed by PiS to cancel the mode of acknowledgement of the Polish citizenship (which will be a right of a provincial governor). According to members of PiS, a mode of naturalization for foreigners, both by giving a citizenship and acknowledging the Polish citizenship, might be a violation of the Polish constitution.

As members of PiS emphasized, the constitution says that granting the Polish citizenship is the exclusive competence of the President, and the governor’s competence is not mentioned.

The new project of the Polish Citizenship Act consider the resolution of the Council of Ministers of the second half of the 40s, on the basis of which people such as General Władysław Anders, former Prime Minister Stanisław Mikołajczyk, and generals and officers who had joined the Polish Corps of Adoption and Relocation were deprived of the Polish citizenship, as not legally binding and invalidates all legal effects of that resolution.

Three major legal acts decided on the Polish citizenship in the XX century. But even good knowledge of these acts could not be enough to determine legal situation of certain person. Besides these acts there were many minor acts which decided on some issues – like acts which enforced rules of general obligation of military service, legal acts which solved some problems connected with the Polish citizenship of people who realized that they live in different country after the Second World War, because borders were changed. Many people do not understand now that even if they think that these regulations were bad or unjust – they were binding, and there is no way now to turn these regulations back. What is more, many other questions and disputable matters were explained by the Polish Supreme Administrative Court; some of them, like a statement that because of serving in foreign military forces person who performed such service before 1951 lost his/her citizenship, had a great impact on fate of many people who emigrated from Poland. Especially of descendants of Polish emigrants to Israel, who took part in the Israeli war for independence in 1948.

Today, binding legal regulations concerning Polish citizenship can be found in the Polish Citizenship Act of February 15 1962 with later amendments (final text of statute, Dziennik Ustaw Nr 28, poz. 353, 2000).

Three major legal acts regulated matters of Polish citizenship in XX century. But even good knowledge of these acts could be not enough to determine legal situation of certain person. Besides these acts – there were many minor acts which regulated some issues – like acts which enforced rules of general obligation of military service, legal acts which resolved some problems connected with problems with Polish citizenship of People who realized, that they live in different country after WW II, because borders were changed. Many people don’t understand now, that even if they think that these legal regulations were bad or unjust – they were binding, and there is no way now to turn these regulations back. What is more – many other questions and disputable matters were explained by Polish Supreme Administrative Court – some of them – like judgement stating, that because of serving in foreign reserve military person who performed such service before 1951 lost Polish citizenship – had great impact on fate of many people who emigrated Poland. Especially descendants of Polish emigrants to Israel, who were participated in Israeli war for independence in 1948.

Today, binding legal regulations concerning Polish citizenship you will find in the Act on Polish Citizenship of 15 February 1962 with later amendments (final text of statute, Dziennik Ustaw – Journal of Laws of the Republic of Poland, No. 28, item 353, 2000).

Acqusition of Polish citizenship

By the power of law – article 4:

A child acquires Polish citizenship by birth when:
1) both parents are Polish citizens or
2) one of the parents is a Polish citizen, whereas the other is of unknown or undefined citizenship or does not possess any citizenship …”

Article 6:

1. A child of parents of which one is a Polish citizen, while the other is a citizen of another state, acquires Polish citizenship by birth. However the parents may, in a declaration made in conformity before the proper authority within the course of three months from the day of the birth of the child, choose for the child the citizenship of the foreign state of which one of the parents is a citizen, if according to the law of that state the child acquires its citizenship.

2. In the case when the parents are not in agreement on this matter, each of them may apply to a court for a resolution within the course of three months from the day of the birth of the child.

3. A child who acquired foreign citizenship in accordance with para. 1 or 2 acquires Polish citizenship if, after completing sixteen years and before six months prior to attaining full legal age, he or she makes the appropriate declaration before the proper authority and this authority issues a decision accepting the declaration..”

People who have polish roots and do not have documents proving Polish citizenship (a Polish passport or ID) or whose personal data and citizenship can not be ascertained, may apply for document called “confirmation of Polish citizenship”.

You can file the application through the persons living permanently in Poland – by sending the documents, with translations (it’s not necessary), with a certified authorization, issued to a person residing in Poland, to register the birth certificate, marriage certificate on behalf of the applicant, at the appropriate office or authority.

You need remember that the Birth certificate and marriage certificate have to be the original. Of course the best way to be sure, that our case was added to responsible hands is to hire good, qualified lawyer who is experienced with legal issues concerning Polish citizenship law. Such help could in some cases not only speed up procedure, but also help us to fight with many difficulties that could appear when procedure would start.