The Path to Citizenship
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Ways to acquire Polish citizenship
1. By birth, from parents, of whom at least one is a Polish citizen – right of blood (Jus Sanguinis)
According to the Act, a child acquires Polish citizenship by being born to parents at least one of whom has Polish citizenship, regardless of whether the child was born in Poland or abroad (Article 14, point 1 of the Act on Polish Citizenship).
2. By birth or by finding oneself in the territory of Poland - the law of the land (Jus Soli)
This rule applies when a child is born or found in the territory of the Republic of Poland and both parents are unknown or stateless (Article 14, point 2 and Article 15 of the Polish Citizenship Act). In such cases, the child acquires Polish citizenship by operation of law.
3. Through full adoption
A child adopted by a person or persons holding Polish citizenship acquires Polish citizenship if the full adoption occurred before the child reached the age of 16. In such a case, the child is considered to have Polish citizenship from birth.
4. Granting Polish citizenship by the President of the Republic of Poland
Pursuant to Article 18 of the Act, the President of the Republic of Poland may grant Polish citizenship to a foreigner upon their request. There are no conditions limiting the constitutional competence of the Republic of Poland; the President may grant Polish citizenship to any foreigner. Granting Polish citizenship to both parents applies to children remaining in their care. Granting Polish citizenship to one parent applies to a minor remaining under their parental authority, if the other parent does not have parental authority or has consented to the minor’s acquisition of Polish citizenship. After the child turns 16, only the child’s consent is required. Individuals residing in Poland may apply for Polish citizenship through the voivode responsible for the person’s place of residence, while those residing abroad may do so through the appropriate consul. The application should be submitted in person or by mail with an officially certified signature. Documents issued in a foreign language must be accompanied by a translation into Polish prepared by a sworn translator or a Polish consul. The template of the application for granting Polish citizenship is specified in the regulation of the President of the Republic of Poland.
5. By being recognized as a Polish citizen
Under the provisions of the Act of 2 April 2009 on Polish Citizenship, more foreigners can be recognized as Polish citizens through administrative procedures than under the Act of 1962. Individuals who may apply for Polish citizenship through citizenship recognition are foreigners residing in Poland under appropriate permits, who have integrated into Polish society during their long-term stay in Poland, speak Polish, have adequate housing and living arrangements, comply with Polish law, and do not pose a threat to national defense or security. This applies in particular to refugees, stateless persons, children and spouses of Polish citizens, and persons of Polish descent. Citizenship recognition proceedings are conducted according to the principles set forth in the Code of Administrative Procedure. The interested party may appeal the decision of the voivode (acting as the first-instance authority) to the second-instance authority, the Minister of Interior. However, the decision of the Minister of Interior may be appealed to an administrative court. The application is submitted in accordance with the provisions of the Regulation of the Minister of Internal Affairs of 3 August 2012 on the template of the application for recognition as a Polish citizen and the photograph attached to the application (Journal of Laws, item 916). Pursuant to Article 30, Section 1 of the Act on Polish Citizenship, the following persons are recognized as Polish citizens:
- a foreigner residing continuously in the territory of the Republic of Poland for at least 3 years on the basis of a settlement permit, a long-term resident's EC residence permit or a permanent residence permit, who has a stable and regular income in the Republic of Poland and a legal title to occupy a residential premises
- a foreigner who has been residing continuously in the territory of the Republic of Poland for at least 2 years on the basis of a settlement permit, a long-term resident's EC residence permit or a permanent residence permit, and has been married to a Polish citizen for at least 3 years or is a stateless person;
- a foreigner residing continuously in the territory of the Republic of Poland for at least 2 years on the basis of a settlement permit obtained in connection with the refugee status granted in the Republic of Poland;
- a minor foreigner whose parent is a Polish citizen, residing in the territory of the Republic of Poland on the basis of a settlement permit, a long-term resident's EC residence permit or a permanent residence permit, and the other parent, being a Polish citizen, has consented to recognizing the minor as a citizen;
- a foreigner residing continuously and legally in the territory of the Republic of Poland for at least 10 years, who meets all of the following conditions: has a settlement permit, a long-term EC resident's permit or a permanent residence permit and has a stable and regular income in the Republic of Poland and a legal title to occupy a residential premises;
- a foreigner residing continuously in the territory of the Republic of Poland for at least 2 years, on the basis of a settlement permit obtained in connection with his/her Polish origin.
At the same time, Article 20, Section 2, stipulates that a foreigner (with the exception of points 4 and 5 above, i.e., a minor whose parent already holds Polish citizenship) applying for recognition as a Polish citizen should have officially confirmed knowledge of the Polish language. Recognition of Polish citizenship occurs upon the request of the interested party and extends to their children, if the other parent has consented; if the child has reached the age of 16, their consent is also required. However, pursuant to Article 31 of the Act, a foreigner’s application for recognition as a Polish citizen is subject to refusal of recognition if they do not meet the mandatory requirements referred to above in Article 30, Section 1, or if their acquisition of Polish citizenship would threaten state defense or security, or public safety and order.
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