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  • POLISH CITIZENSHIP

  • Please do not mail the application without prior consultation with the Consulate at losangeles.legal@msz.gov.pl

     

    Polish Citizenship

    Issues relating to the acquisition and the loss of Polish citizenship are governed by the Polish Citizenship Act of April 2, 2009 (Journal of Laws 2012, item 161). 

    A Polish citizen may hold simultaneously Polish citizenship and citizenship of another state but even then, he or she has the same rights and obligations towards the Republic of Poland as a person holding only Polish citizenship, i.e. he or she may not effectively invoke before the Polish authorities the simultaneous holding of foreign citizenship or the rights and obligations arising from it.

     

    Acquisition of Polish Citizenship

     

    By birth to parents, at least one of whom is a Polish citizen – law of blood/Ius Sanguinis

    By virtue of the law, a child acquires Polish citizenship when he or she is born to at least one parent who is a Polish citizen, irrespective of whether the child’s place of birth is in Poland or abroad (article 14 (1) of the Act).

     

    By birth or by being found on the territory of Poland – law of the soil/Ius Soli

    This principle applies when a child is born or found on the territory of Poland and both parents are unknown or their citizenship is undetermined or they have no citizenship (article 14 (2) and article 15 of the Act). This child acquires Polish citizenship by virtue of the law.

     

    Full adoption

    A child adopted by a holder or holders of Polish citizenship acquires Polish citizenship if the full adoption was completed before the child reached the age of 16. In such cases, the child is considered to have been holding Polish citizenship from the moment of his/her birth. This child acquires Polish citizenship by virtue of the law.

     

    Polish citizenship may also be acquired:

    - by being granted Polish citizenship by the President of the Republic of Poland

    - by the restoration of Polish citizenship

    - by being acknowledged as a Polish citizen

     


     

    Confirmation of Polish citizenship or its loss

     

    In accordance with article 55 (1) of the Polish Citizenship Act of 2 April 2009 (Journal of Laws 2012, item 161), a valid Polish passport or ID confirm Polish citizenship.

    Citizens who are not holders of documents confirming Polish citizenship or whose personal data and citizenship cannot be determined, may obtain the confirmation of Polish citizenship or its loss.

    A decision on the confirmation of Polish citizenship or its loss is issued by a voivode.

    Applicants residing permanently abroad shall submit an application form through the Consulate of the Republic of Poland competent for the applicant’s place of residence.

     

    Documents required:

    1. application for confirmation of Polish citizenship or its loss – appendix 1
    2. document indicating a process agent in Poland i.e. a person entitled to receive correspondence in Poland – appendix 2
    3. relevant documents to establish if a person holds Polish citizenship (birth certificate, marriage certificate, certificate of baptism, copies of parents’ or grandparents’ Polish documents, etc.)

    If there was a change to the name or surname, the applicant shall submit documents confirming this fact (marriage certificate, change of name).

    1. original of an ID (for viewing) or a certified photocopy of a current ID along with pages with official annotations
    2. if applicants were born outside of the territory of Poland they are obliged to present an unabridged birth certificate containing the applicant’s parents’ names along with its translation
    3. vital records determining the applicant’s marital status (marriage certificate, divorce document or death certificate of a spouse)
    4. if justified, a U.S. Certificate of Naturalization shall be submitted for viewing

    All copies of Polish and American documents shall be certified by a consul to be true. All documents spelled out in a foreign language shall be translated into Polish and their translation certified by a consul.

     

    IMPORTANT

    The processing of cases relating to the confirmation of Polish citizenship is commenced on the day of receipt of documents at the competent Voivodship Office in Poland.

    The Consulate and Voivodship Office may require for the application to be complemented. Any missing documents can be sought at registry offices or archives.

    If finding the competent archive turns out problematic, one may request the assistance of the Main Directorate of National Archives, Central Bureau of Archival Information (00-950 Warszawa, ul. Długa 6, skr. pocz. 1005).

    The Consulate shall implement the processing of applications only upon receipt of complete documentation.

     

     


    Restoration of Polish citizenship

     

    In accordance with article 38 (1) of the Polish Citizenship Act of 2 April 2009 (Journal of Laws 2012, item 161), restoration of Polish citizenship applies only to people who used to hold Polish citizenship in the past, but lost it prior to 1 January 1999, pursuant to:

    • article 11 or 13 of the Polish State Citizenship Act of 20 January 1920 (J.L.  No. 7, item 44, as amended),
    • article 11 or 12 of the Polish Citizenship Act of 8 January 1951 on Polish citizenship (J.L. No. 4, item 25)
    • article 13, 14 or 15 of the Polish Citizenship Act of 15 February 1962 on Polish citizenship (J.L. 2000, No. 28, item 353, as amended).

    The application for restoration of Polish citizenship shall be submitted to the Minister competent for the Interior.

    Applicants residing permanently abroad shall submit their applications through a consul competent for the applicant’s place of residence.

     

    Documents required:

    1. application for restoration of Polish citizenship
    2. documents confirming identity and citizenship
    3. documents confirming a change to the name or surname, if applicable
    4. documents in possession confirming the loss of Polish citizenship
    5. a passport-size photograph

    All documents must be presented for viewing at the Consulate in original form to attest their authenticity.

    All documents spelled out  in foreign languages must be translated into Polish and their translation certified by a consul.

     

    IMPORTANT

    Polish citizenship shall not  be restored to a foreigner who:

    1. between 1 September 1939 and 8 May 1945 voluntarily joined the armies of the Axis countries or their allies or assumed public office in service of these states,
    2. acted to the detriment of Poland, particularly her independence and sovereignty or was involved in human rights violations.

    The restoration of Polish citizenship shall have the form of a decision taken by the Minister competent for the Interior. The acquisition of Polish citizenship shall take effect on the day the decision on the restoration of Polish citizenship has become final.

    The Consulate shall implement the processing of applications only upon receipt of complete documentation.

     


     

    The granting of Polish citizenship

     

    In accordance with article 18 of the Polish Citizenship Act of 2 April 2009 (Journal of Laws 2012, item 161), Polish citizenship shall be granted to a foreigner by the President of the Republic of Poland.

     

    • Polish citizenship can be granted to a foreigner upon his/her request and to a minor upon the request of his legal guardians
    • the granting of Polish citizenship to both parents extends to a minor in their custody
    • the granting of Polish citizenship to one of the parents extends to a minor in his/her custody, if: the other parent has no parental custody, the other parent has submitted a declaration before the consul to the effect that he/she consents to the acquisition or the loss of Polish citizenship by the minor
    • children between the ages of 16 and 18 shall submit additional declarations in which they consent to being granted Polish citizenship

    Applicants residing permanently abroad shall submit their applications through the Consulate of the Republic of Poland competent for the applicant’s place of residence.

     

    Documents required:

     

    1. application form to be granted Polish citizenship
    2. one passport-size photograph
    3. documents confirming personal data and information set out in the application form, specifically:
    • documents confirming identity and citizenship
    • documents authorizing the individual to reside or stay in Poland
    • the original of a current (i.e. valid not longer than 3 months) birth certificate issued by a Polish registry office indicating names, surname, date and place of birth, father’s name and surname, mother’s name and maiden name
    • the original of a document issued by a Polish registry office indicating marital status (e.g. current certified copy of marriage certificate, death certificate of a spouse).
    • documents confirming identity and citizenship of a spouse and a minor/minors
    • documents confirming the holding of Polish citizenship by parents or more distant ancestors
    • documents confirming the loss of Polish citizenship by a foreigner, his/her child/children or his/her ancestors
    • documents confirming the acquisition of foreign citizenship by a foreigner or his/her child/children if he/she used to hold Polish citizenship in the past
    • documents confirming the source of income
    • documents confirming  professional achievements, political and social activity.

    All copies of Polish and American documents must be certified by a consul to be true. Vital records shall be enclosed in their original forms.  All documents spelled out  in foreign languages must be translated into Polish and their translation certified by a consul.

     

    IMPORTANT

    The Consulate may require additional documents. 

    The Consulate shall implement the processing of applications only upon receipt of complete documentation.

     


    Renunciation of Polish citizenship

     

    In accordance with article 34 (2) of the Constitution of the Republic of Poland and article 47 (1) of the Polish Citizenship Act of 2 April 2009 (Journal of Laws 2012, item 161), the loss of Polish citizenship occurs only upon the request of the citizen and following the consent of the President of the Republic of Poland to renounce Polish citizenship. The consent to renounce citizenship granted to parents extends to children in their custody. In children at the age of 16 and older, the renunciation of Polish citizenship occurs only with their consent.

    Applicants residing permanently abroad shall submit their applications through the Consulate of the Republic of Poland competent for the applicant’s place of residence.

     

    Documents required:

     

    1. application for consent of the President to renounce Polish citizenship
    2. a passport-size photograph
    3. documents confirming personal data and information in the application form, specifically:
    • documents confirming identity and citizenship (valid Polish passport or identity card)
    • copies of Polish birth certificates
    • copies of Polish marriage certificates or other documents specifying marital status
    • documents confirming identity and citizenship of a spouse
    • documents confirming identity and citizenship of a minor/minors
    • evidence of holding foreign citizenship or a pledge of its granting

    If an application to renounce Polish citizenship extends to a minor it shall be filed along with:

    • a certified copy of the child’s birth certificate issued by a Polish registry office
    • a statement of consent of the other parent to his/her child’s loss of Polish citizenship, submitted before a competent voivode or a consul of the Republic of Poland (article 9 of the Act)
    • the child’s written consent to renounce his/her Polish citizenship if the minor is 16 years of age or over (article 8 of the Act)

    All copies of Polish and American documents shall be certified by a consul to be true. All documents spelled out in a foreign language shall be translated into Polish and their translation certified by a consul.

     

    IMPORTANT

    The Consulate may require additional documents. The documents submitted to the Consulate are not returned and shall not be used for other purposes.

    Upon receipt of the consent to renounce his/her Polish citizenship, the applicant is obliged to return his/her Polish passport to the Consulate.

    The Consulate shall implement the processing of applications only upon receipt of complete documentation.

     

     

     

     

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