Immigration Lawyer

A minor acquires Polish citizenship by birth in two cases:

• in accordance with the rule of blood: at least one parent is a Polish citizen
• in accordance with the principle of the soil: born on the territory of the Republic of Poland, but his or her parents are unknown, they have not citizenship or their citizenship is not defined

A minor acquires citizenship if he or she was found on the territory of the Republic of Poland and his or her parents are unknown.

Another possibility to acquire citizenship by a minor is to become adopted by parents who have Polish citizenship. If the minor is below 16 years of age, it is recognised that he or she acquired citizenship on the date of birth.

Polish citizenship can also be acquired by repatriation. It concerns Polish citizens, whose settlement on the territory of the Republic of Poland was made impossible through deportation, exile or political persecutions. This issue is defined in detail by the rules of the Act of 9 November 2000 on repatriation.

Polish citizenship is granted to a foreign national by the president of the Republic of Poland by way of a decision. The application must be filed  personally or by correspondence to the Voivode(wojewoda) having jurisdiction over the place of residence or to a consul if a foreigner stays abroad. Next, it is submitted to the Minister of Internal Affairs and will be forwarded to the President. The President can grant citizenship to any foreigner at his or her request. In such case, a temporal scope defining the duration of the foreigner’s stay in the territory of the Republic of Poland in order to obtain citizenship does not apply.

Relates to the foreigners who remain in the territory of the Republic of Poland for an appropriate period (it can amount to 2, 3 or 10 years, respectively).

It is granted on the basis of a permit of residence/stay or the right of permanent stay. Ownership of a stable and regular source of income and a legal right to occupy a residential premises by the foreign national is essential.

The required period of stay in the territory of the Republic of Poland is going to shorten to 2 years if the foreigner:

• has been in matrimony with a person holding Polish citizenship for at least 3 years
• does not hold any citizenship
• possesses an establishment permit obtained due to Polish descent

or due to the possession or a refugee status granted in the Republic of Poland

Additionally, the foreigner applying for recognition as a Polish citizen must know Polish language. Specific regulations define if a foreigner has been in fact remaining in the territory of the Republic of Poland through the specific period. The recognition is made at the request filed with the Voivode.

Relates solely to foreigners who had lost citizenship before 1 June 1999. Citizenship is reinstated by  decision of a minister of foreign affairs at the request of the interested party. Reinstatement of citizenship is not possible only for important reasons specified in the act (i.e. voluntary military service of a foreigner in Axis Powers and acting to the detriment of the Republic of Poland during the Second World War). Reinstatement and recognition of a person as a Polish citizen is not going to occur if it would constitute a hazard to the safety of the country and public order.

In all cases, citizenship is granted to a minor at the request of their legal representative. In the case of a lack of agreement, each party has the right to take legal action before the court. The fee for recognition of a person as a Polish citizen is PLN 219, with the exception for applications for the selection of child’s citizenship filed by parents having different citizenships, which are available free of charge. The application is typically processed for a period between 2 up to 3 years.

A foreigner who intends to remain in Poland for longer than 3 months can apply for a temporary residence permit. A decision granting temporary stay is issued for a period of maximum 3 years. Temporary residence card can be however issued for a shorter period if the basis for applying for the card indicates the legitimacy of a shorter stay. The main reasons for issuing permits for temporary stay:

• performing work
• carrying out economic activity;
• family reunification;
• residence with a Polish citizen;

Permanent Residence Card grants the right to remain in the territory of the Republic of Poland and ensures access to the Polish labour market without the need to obtain additional permits. The decision regarding the permanent residence permit is issued for an indefinite period, and the card remains valid for 10 years. The card must be replaced with a new one after 10 years using the procedure for exchanging the card.

Temporary residence permit for a long-term EU resident grants the right for permanent residence and work in Poland. This permit is similar in nature to permanent stay. The decision is issued for an indefinite period, however the card remains valid for a period of 5 years (and not for 10 years, as is the case with the permanent residence card). Despite the fact that the name of the card refers to the European Union, in principle it grants the right to remain and work solely in Poland. This permit grants the right to travel to other countries within the Schengen area but the foreigner’s stay on its basis cannot exceed 90 days within the period of 180 days.

Employment of a foreigner in Poland requires a valid document legalizing their employment, and at the same time allowing him or her to access the Polish labour market. The procedure is initiated through a written application of an entity wishing to entrust the performance of work to a foreigner. Legal provisions also contain plenty of exceptions when the work permit for foreign nationals is not required. Work permit and legalisation of stay of a foreign national in the territory of Poland must be distinguished. Work permit grants the right to take up employment in Poland under the condition of having the basis for legalising his or her stay. Our Law Office provides assistance to employers who employ foreign nationals.

The Law Office provides assistance in creating or acquiring legal entities by the foreigners. It is worth noting, that shares in a limited liability company (spółka z.o.o.) can be purchased also by persons who do not have a title to remain in Poland, as well as persons who do not currently reside in Poland (the share can be purchased via a plenipotentiary).