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KANCELARIA ADWOKACKA MACIEJ BARTNIK
ul. Kotlarska 6/3
31-539 Kraków

 

 
tel. kom.  +(48)  608 011 931
   
e-mail bartnik@krakow-adwokat.pl

 

 

Polish Citizenship

Act on citizenship of the Polish State of 20 January 19201

 (came into force on January 31, 1920)
 
Article 1. Polish citizen cannot simultaneously be a citizen of another country.
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 and nationality, who:
1) is settled on the territory of The Polish State, as far as it is not entitled to another country’s
citizenship. Regarded as a settled in The Polish State is the person who: 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 on
territory of The Polish State, which formerly has made up a part of The Prussian State;
d) was enrolled to urban or rural commune or to one of state organizations on lands of former
Empire of Russia which are now parts of The Polish State; 2) was born on the territory of The Polish
State, as far as it is not entitled to another country’s citizenship;
3) is entitled to Polish citizenship based upon international treaties.
 
Article 2a. Polish citizenship serves, besides, to a person who has a place of residence and is entitled
to homely surrounding in one of communes on area of recovered lands of The Cieszynski Silesia,
which have made up a part of Republic of Czechoslovakia, if the person (or its father, in case of
illegitimate child - its mother) is permanent since 1 of November 1918 entitled and if the person
hasn´t qualify it 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 proofs of Polish provenance with a declaration they wish
to be Polish citizens and they resign from the citizenship of another country to the relevant Polish
authority after returning to The Polish State.
Poles by descent who 1 of October 1938 have had a place of residence on area of 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 reservation.
 
Article 5. Legitimate children acquire by birth their father´s citizenship. Illegitimate children acquire
by birth their mother´s citizenship. Unknown parents´ children who were born or found on The Polish
State´s territory will be recognized as Polish citizens, as far as their other citizenship will be not
revealed.
 
Article 6. By entitlement, recognition or adoption a child who is not 18 years old yet acquires
citizenship of its father or mother, relatively of another person who recognizes or adopts.
 
Article 7. A woman who is a foreigner acquires Polish citizenship by marriage with a Polish citizen.
 
Article 8. Granting of citizenship can happen on request of a person who wants to obtain it if the
person proves that he:
1) led an impeccable way of life;
2) resides permanently not less than 10 years in The Polish State;
3) has a livelihood or earnings for himself and his family;
4) speaks Polish;
Substituting for minors and other persons who have legal incapacity their legal guardians apply for
granting them Polish citizenship.
 
Article 9. In exceptional cases that deserve special consideration Polish citizenship can be granted for
persons who do not meet individual conditions that are mentioned in article 8. especially on former
Russian Empire´s area that is a part of The Polish State. However Polish citizenship can be granted in
no case for persons who have been penalized by Polish courts for an offense that entail a restriction
of rights, until the restriction goes on, and also for persons who are in state of insolvency.
 
Article 10. A citizen of The Polish State who lost her Polish citizenship by marriage with a foreigner
recaptures it if she makes a statement in an administrative office of her place of residence after
cessation of her marriage and settlement 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 that is given in cases of intention of
entering the service in a foreign country’s army in accord with district corps´ proper commander.
Persons who are obligated to active military service can obtain a foreign citizenship in no other way
than after obtaining a general military service obligation release, according to rules in force,
otherwise, in view of The Polish State, they will be still considered Polish citizens.
 
Article 12. The Minister of the Interior determines granting Polish citizenship after getting an opinion
of a commune where a given person lives in and also of general administration authorities.
 
Article 13. Granting and loss of polish citizenship concerns a wife of a man who is granted or loses
Polish citizenship and also his children who are younger than 18 years old, as far as it is not reserved
in granting certificate or in declaration on citizenship´s loss.
 
Article 14. The 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
those that determine authority´s 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 Polish citizenship Act from January 8th, 1951

Chapter 1: Polish citizens

Art. 1 A Polish citizen cannot concurrently be a citizen of another country.

Art. 2 On the day of declaring the following Act, Polish citizens are individuals who: 1) have Polish citizenship on the basis of the hitherto regulations 2) have come to the People's Republic of Poland as repatriates 3) have received a confirmation of their Polish nationality on the basis of: the regulation from April 28th, 1946 about the citizenship of the Polish State for Polish nationals who live in the Recovered Territories (Dz. U. RP Nr 15, poz. 106), the decree from October 22nd, 1947 about the citizenship of the Polish State for Polish nationals who live in the territory of the former Free City of Danzig (Gdansk) (Dz. U. RP Nr 65, poz. 378) or the previous binding regulations.

Art. 3 Individuals who do not meet the requirements from the previous article may be recognized as Polish citizens by a proper authority if they have lived in Poland at least since May 9th, 1945, unless they have come to Poland as foreigners of a particular nationality and have been treated as foreigners in Poland.

Art. 4 A Polish citizen is not a person who permanently resides abroad, even though on August 31st, 1939 the person had Polish citizenship, and: 1) due to the borders change in the Polish State acquired citizenship of another country on the basis of the international agreement or 2) is of Russian, Belorussian, Ukrainian, Lithuanian, Latvian or Estonian nationality, or 3) is of German nationality unless his/her spouse is a Polish citizen and resides in Poland

Art. 5 1. Marrying a person who is not a Polish citizen does not cause any changes to the spouses' citizenships. 2. Change of citizenship of one spouse does not cause a change to the citizenship of the other spouse.

Chapter 2: Acquiring Polish citizenship

Art. 6 A child acquires Polish citizenship if: 1) both parents are Polish citizens or 2) one of the parents is a Polish citizen and the other parent is unknown or his/her citizenship is unknown or undefined

Art. 7 A child born or found in Poland acquires Polish citizenship if both parents are unknown or their citizenship is unknown or undefined.

Art. 8 1. A child of parents of whom one is a Polish citizen and the other is a citizen of another country, acquires Polish citizenship, unless both parents within one month from their child's birth submit the application in which they will choose for their child the citizenship of the foreign country of which one of the parents is a citizen, on condition that the law of that country allows acquiring its citizenship in such a way. 2. In case of a lack of agreement between the parents, each of them can turn to court for a resolution within one month from their child's birth. 3. A child who has acquired a foreign citizenship in accordance with the two previous sections and turned 13 years old can choose to be a Polish citizen after submitting a proper declaration to a proper authority.

Art. 9 The regulations of the previous article apply also to children born abroad of whom one parent is a Polish citizen and the other is a citizen of another country if the other parent's country has the same citizenship regulations concerning children born in Poland to parents of different citizenships.

 Art. 10 1. Polish citizenship can be granted to a foreigner on their request. 2. Granting of Polish citizenship may involve submitting a proof of being released from a foreign citizenship. 3. Persons who have come to Poland as repatriates acquire Polish citizenship by virtue of the law, in the course determined by the proper authorities

Chapter 3: Loss of Polish citizenship

Art. 11 1. A Polish citizen can acquire a foreign citizenship only after having been granted a permission from the Polish authorities. 2. A permission to change one's citizenship granted to parents extends to their children who remain under their parental authority. 3. A permission to change one's citizenship granted to one parent extends to children who remain under their parental authority on condition that the other parent who is a Polish citizen gives a consent before the proper authority or if the other parent is not a Polish citizen. If one of the parents does not agree to his child's citizenship change or the agreement between the parents seems impossible then the case is settled by court. 4. A permission to change one's citizenship extends to children who are over 13 only with their consent. 5. Acquiring a foreign citizenship in accordance with the sections 1-4 involves losing Polish citizenship.

Art. 12 1. A Polish citizen who resides abroad may be stripped of Polish citizenship if: 1) has infringed an obligation of loyalty to the Polish State 2) has been detrimental to the vital interests of the People's Republic of Poland 3) has illegally left the territory of the Polish State after 9th May, 1945 4) the proper authorities summoned him to return and he refused 5) evades a military service 6) was convicted for a common crime or is a recidivist 2. Stripping of Polish citizenship may extend to children of the person who was stripped of the Polish citizenship, who live abroad and are under 13 years old.

Chapter 4: Proceedings

Art. 13 1. The Council of State decides about granting and losing Polish citizenship. 2. The Council of State's decision concerning the loss of Polish citizenship is issued on the Council of Ministers Chairman's application. 3. The decision concerning stripping of Polish citizenship published in Official Gazette of the Republic of Poland, abbreviated M. P. or MP  (Monitor Polski) replaces the delivery of such a decision.

Art. 14 The Council of Ministers shall issue a regulation to determine the authorities which along with the State Council will deal with citizenship issues.

Chapter 5: Transitional and final regulations

Art. 15 1. The regulation issued before September 1st, 1939 on the basis of the regulations from March 31st, 1938 about stripping of Polish citizenship (Dz. U. R. P. Nr 22, poz. 191) do not have legal consequences against individuals who on the day of the declaration of the following Act have a residence in Poland. 2. The State Council may restore Polish citizenship upon individuals who reside abroad and who have been stripped of Polish citizenship in the course mentioned in the previous paragraph, if Polish citizenship was not restored upon them before the following regulation comes into force.

Art. 16 The regulations of the following Act also apply to children born or found in Poland before the following Act comes into force.

Art. 17 1. The hitherto regulations become invalid as far as the issues of the following Act are concerned. 2. The following regulations become invalid in particular: 1) regulation from  January 20th 1920 about the citizenship of the  Polish State (Dz. U. R. P. Nr 7, poz. 44), along with the later amendments, 2) regulation from   September 26th, 1922 about the right to choose Polish citizenship for the citizens of the former Austrian Empire or the former Hungarian Kingdom and for the former citizens of those countries, who have Polish citizenship (Dz. U. R. P. Nr 88, poz. 791),  3) regulation from  March 31st, 1938 about stripping of the citizenship status (Dz. U. R. P. Nr 22, poz. 191), 4) regulation from  April 28th , 1946 about the citizenship of the Polish State for  Polish nationals who reside on the Recovered Territories (Dz. U. R. P. Nr 15, poz. 106), 5) decree from  October 22nd, 1947 about the citizenship of the Polish State for  Polish nationals  who reside in the territory of the former Free City of Danzig (Gdansk) (Dz. U. R. P. Nr 65, poz. 378), 6) art. 110 and 111 of the regulation from February 4th, 1950 about military service duty (Dz. U. RP. Nr 6, poz. 46).

Art. 18 The execution of the following Act is entrusted to the State Council and the Council of Ministers Chairman.

Art. 19 The following Act comes into force on the day of its declaration.

 


 

ACT ON POLISH CITIZENSHIP 1962


SECTION 1 - POLISH CITIZENS
Article 1
Persons having Polish citizenship under current regulations become Polish citizens on the day the Law comes into force.
Article 2
A person who is a Polish citizen under Polish law cannot be recognized at the same time as a citizen of another state.
Article 3
1.Conclusion of marriage by a Polish citizen with a person who is not a Polish citizen does not effect the citizenship of either the husband or the wife.
2. Change of citizenship of either the husband or the wife does not effect the citizenship of the other.
SECTION 2 - ACQUISITION OF POLISH CITIZENSHIP
Article 4
The acquisition of Polish citizenship by birth occurs when:
1. both parents are Polish citizens, or
2. when only one of them is a Polish citizen and the other is unknown or his/her citizenship is undetermined or he/she has no citizenship.
Article 5
When both parents are unknown or their citizenshipis undetermined, or they have no citizenship, their child shall acquire Polish citizenship only if it is born or was found on Polish territory.
Article 6
1.The child of parents, one of whom is a Polish citizen and the other a citizen of another state, acquires Polish citizenship by birth. However the parents can, within three months from the child's birth, submit to a competent authority their concordant declaration stating that they choose for their child the citizenship of the foreign state of which one of the parents is a citizen, if under the law of the foreign state, that child will acquire its citizenship.
2. If the parents do not come to an agreement, then within three months from the child's birth either one of them can apply to a Polish Court for an adjudgement.
3. A child which acquired foreign citizenship in accordance with item 1 or 2 shall acquire Polish citizenship if between its sixteenth birthday and six months after it has reached full legal age it submits an appropriate declaration to a competent Polish authority and that authority decides to accept such declaration.
Article 7
1.Changes with regards to establishing a person or determining the citizenship of one or both of the parents shall be taken into consideration when determining the citizenship of the child, if these changes occur within twelve months after the child's birth. The three months period of which mention is made in article 6, point 1 and 2 shall commence on the day the changes were determined.
2. Changes with regards to establishing the father, resulting form a Court decison based on a claim to exclude fatherhood or the annulment of recognition, are subject to consideration when determining the child's citizenship, unless the child has reached the full legal age. If the child is sixteen years of age or over, change in citizenship can only be effected with the consent of the child.
Article 8
1.A foreign citizen may be granted Polish citizenship at his/her request provided that he/she has been residing in Poland for at least five years.
2. In specially justified instances a foreign citizen may be granted Polish citizenship at his/her request although he/she does not meet the requirements specified in point 1.
3. Granting Polish citizenship may be dependant on submitting evidence of loss of or release from foreign citizenship.
4. Granting Polish citizenship to both parents covers also children remaining under their parental authority.
5. Granting citizenship to only one of the parents covers the children only when:
1the children remain only under the parental authority of that parent, or
2the other parent is a Polish citizen, or
3the other parent submits to a competent authority his consent for the child to be granted Polish citizenship.
6. Children remaining under guardianship may be granted Polish citizenship only with the consent of the guardian expressed in a special declaration submitted to the appropriate authority after requirements of the appropriate foreign law have been fulfilled.
The granting or extension of the granting of Polish citizenship to children, who are sixteen years of age or over shall take place only with the consent of the children.
Article 9
1.A person who has no citizenship or whose citizenship is undetermined can be recognized as a Polish citizen if that person has been residing in Poland for at least five years.
2. Recognition of a person as a Polish citizen takes place upon a motion submitted by that person.
3. Recognition of a person as a Polish citizen covers the children of the person recognized as a Polish citizen if the children are residing in Poland.
4. Provisions of article 8, point 4 - 7 are appropriately applied.
Article 10
1.A foreign woman who enters into marriage with a Polish citizen acquires Polish citizenship if she submits within three months from the date of marriage an appropriate declaration to a competent authority and that authority issues a decision accepting such declaration.
2. The acceptance of the declaration may depend on submitting evidence of loss of or exemption from foreign citizenship.
Article 11
1.A woman who has lost her Polish citizenship by acquisition of foreign citizenship as a result of or in connection with her entering into marriage with a foreign citizen shall recover her Polish citizenship if after the marriage ceases to exist she submits an appropriate declaration to a competent authority and that authority issues a decision accepting such declaration.
2. The acceptance of the declaration may depend on submitting evidence of loss of or exemption from foreign citizenship.
Article 12
1.Persons arriving to Poland as repatriates acquire Polish citizenship by the force of law.
2. Under this Law a repatriate is a foreign citizen of Polish nationality or Polish parentage, who arrived in Poland to take up permanent residence and who obtained permission from the appropriate Polish authority.
3. Children of repatriates remaining under their parental authority also acquire Polish citizenship. However, if only one of the parents is a repatriate, the acquisition by such child of Polish citizenship requires the consent of the other parent, written in an appropriate declaration and submitted to the appropriate Polish authority.
4. Children remaining under parental authority shall acquire Polish citizenship through repatriation providing their guardian submits his/her consent in a written declaration to the appropriate Polish authority.
5. Pursuant to point 3 and 4, the acquisition of Polish citizenship by a child of sixteen years of age or over shall take place only with the consent of the child.
6. A person who acquired Polish citizenship and then later lost his Polish citizenship shall not be able to re-acquire Polish citizenship in this manner.
SECTION 3 - LOSS OF CITIZENSHIP
Article 13
1.Subject to exceptions provided by this Law a Polish citizen may acquire foreign citizenship only with the consent of the appropriate Polish authority permitting such change of citizenship. The acquisition of foreign citizenship automatically results in the loss of Polish citizenship.
2. Permission for change of citizenship granted to parents covers also children remaining under their parental authority.
3. Permission granted to only one of the parents shall cover children remaining under his/her parental authority when the other parent has no parental authority or when the other parent is not a Polish citizen or when that parent being a Polish citizen submits his consent to a competent authority for the children to change their citizenship.
4. When the other parent, being a Polish citizen, objects to the change of citizenship of the children or when the parentsare unable to reach mutual understanding then each of the parents may apply for adjudgement to a Polish Court.
5. Permission to change citizenship shall cover children of sixteen years of age or over only with their consent.
Article 14
A female Polish citizen, who:
1acquires foreign citizenship under foreign law as a result of or in connection with her entering into marriage with a foreign citizen, or
2while having foreign citizenship acquires Polish citizenship as a result of or in connection with her entering into marriage with a Polish citizen, and that marriage ceases to exist and the person in question under foreign law still retains her foreign citizenship, then she shall lose her Polish citizenship by submitting an appropriate declaration to the competent Polish authority when the declaration is approved by this authority.
Article 15
1.A Polish citizen residing abroad may be deprived of his/her citizenship if he/she:
1violated the duty of loyalty towards the Polish People's Republic;
2acted against the vital interests of the Polish People's Republic;
3 illegally left the territory of the Polish People's Republic after May 9, 1945;
4refused to return to Poland when summoned to do so by the appropriate state authority;
5evaded military duty as required under Polish law;
6was sentenced abroad for an offence defined as a common crime under Polish law or if he/she is a recidivist;
2. If it is impossible to deliver the judgement confirming the loss of Polish citizenship directly to the person interested or if that person refuses to accept such judgement, than the display of the judgement confirming loss of citizenship in the appropriate Polish Consular Office for a period of fourteen days shall supersede delivery of the judgement itself.
SECTION 4 - COMPETENCE OF AUTHORITIES
Article 16
1.Granting citizenship, permission to change citizenship and deprivation of Polish citizenship can only be decreed by the Council of State.
2. Permission to change Polish citizenship is granted upon a motion of the Minister of Internal Affairs and deprivation of Polish citizenship is effected upon a motion of the Minister of Foreign Affairs.
3. The Council of State may grant the Minister of Foreign Affairs powers to issue permission to change Polish citizenship to persons residing abroad as well as give approval to the Minister of Foreign Affairs to transfer decisions in such matters to the heads of some Consular Offices.
4. Persons residing in Poland submit applications for Polish citizenship and permission to change Polish citizenship to the Internal Affairs Department of the Praesidium of District (County) National Councils and persons residing abroad to the Polish Consular Offices.
Article 17
1.Recognition of Polish citizenship is adjudged by the Internal Affairs Department of the Praesidium of the Regional (Voivodship) National Council.
2. In matters specified under article 6 item 3, article 10, 11 and 14 decisions are adjudged by:
1the Internal Affairs Department of the Praesidium of Regional (Voivodship) National Council - with regards to persons living in Poland;
2Polish Consular Office - with regards to persons living abroad.
3. Declarations for acquiring foreign citizenship (article 6, item 1) and giving consent for the acquisition or change of Polish citizenship by the children (article 8, item 5, point 3 and item 6, article 12, item 3 and 4 and article 13 item 3) are accepted by:
1the Internal Affairs Department of Praesidium of District (County) National Council from persons living in Poland;
2the Polish Consular Office from persons living abroad.
4. Possession and loss of Polish citizenship is ascertained by the Internal Affairs Department of the Praesidium of District (County) National Council.
5. In matters submitted to Court for adjudgement (article 6, item 2, article 13, item 4) decisions are taken made by a Polish Court. The competent Court is the District (County) Court acting as guardianship authority. The jurisdiction of the Court is defined according to the child's place of permanent residence in Poland, and if the child has no place of permanent residence in Poland than the child's place of stay. In the absence of such basis the competent Court shall be the District (County) Court for the City of Warsaw.
Article 18
1.The jurisdiction of the Internal Affairs Department of the Praesidium of the National Council shall be determined on the following basis, in the following order of importance: the place of permanent residence of the person being the subject of proceedings; place of stay of that person; finally the person's place of last residence or stay. In the absence of such basis the competent authority shall be the Internal Affairs Department of the Praesidium of the National Council for the City of Warsaw when decisions lie within the Voivodship level jurisdiction (article 17, item 1 and item 2, point 1) or the Internal Affairs Department of the Praesidium of District National Council for the district of Warsaw - Sródmiescie when decisions lie within the jurisdiction of the district (county) authorities (article 17, item 3, point 1 and item 4).
2. Jurisdiction of the Consular Office (article 17, item 2, point 2 and item 3, point 2) shall be determined by the place of residence of the person being the subject of proceedings and if that person has no place of residence then the person's place of stay.
3. The provisions of this Law with regards to Internal Affairs Departments of the Praesidium of Regional (Voivodship) National Councils shall apply appropriately to Internal Affairs Departments of the Praesidium of National Councils of towns detached from regions (voivodships) and the provisions concerning Internal Affairs Departments of Praesidium of District (County) National Councils to the Internal Affairs Department of Praesidium of National Councils of towns representing district and district national councils of towns detached from voivodships.
SECTION 5 - TRANSITIONAL AND FINAL PROVISIONS
Article 19
Persons who acquired Polish citizenship under the provisions of articles 2a and 3, item 2 of the Law of Polish Citizenship dated January 20, 1920 (Journal of Laws No. 7, item 44 with amendments) shall not be deemed as Polish citizens if they have citizenship of a foreign state and reside abroad.
Article 20
This Law replaces the Law of January 8, 1951 on Polish citizenship. (Journal of Laws, No. 4, item 25).
Article 21
This Law comes into force six months after its announcement.