Discover the fundamentals of Polish citizenship law – from historical roots to modern changes. This article covers essential information on regulations regarding confirming Polish citizenship by descent.
Polish citizenship law differs significantly from that of countries like the United States or Canada.
In Poland, citizenship is automatically passed down from generation to generation, which means that children, grandchildren, and even great-grandchildren of Polish citizens may be eligible to apply for Polish citizenship by descent.
Once granted Polish citizenship, they can then apply for a Polish passport, which offers numerous benefits, including freedom of movement within European Union countries, including the right to permanent residence and access to the labor markets there.
To apply for Polish citizenship by descent, it is crucial to understand the provisions and aspects related to Polish law and citizenship. Many of these issues are tied to Poland’s history and internal affairs, which influence how Polish authorities recognize Polish ancestry today.
In this guide, we will discuss key aspects of Polish law concerning emigrants, their descendants living abroad, and how the perception of Polish descent has evolved due to these changes.
Key Takeaways
- What are the legal foundations of Polish citizenship?
- How has the law changed since 1920?
- How can you apply for Polish citizenship by descent?
- How can we help you?
Legal Foundations of Polish Citizenship
The first regulations concerning Polish citizenship were established in 1920.
This was a result of the difficult historical context of the Partitions of Poland, which lasted from 1795 to 1918, during which Poland’s territory was divided between Russia, Austria, and Germany.
Due to this, many Poles emigrated to other countries, often seeking better living conditions.
Learn more about the history of Polish emigration in the article: Polish immigration / Polish diaspora.
Polish Citizenship Act of 1920
The oldest law still relevant in current Polish legislation is the Polish Citizenship Act of 1920. It came into effect on January 31, 1920, after the establishment of the Second Polish Republic in 1918, following World War I, and aimed to define who was eligible for Polish citizenship and who was not.
This law was rather complex, with many aspects depending on the specific region of Poland from which an individual came.
However, the key principles at that time were as follows:
- Polish citizens could not hold dual citizenship.
- If a Pole renounced or lost Polish citizenship, for example, by acquiring foreign citizenship, this prevented their descendants from confirming Polish citizenship in the future.
- Poles who left the country before independence was regained in 1918 could not automatically confirm their Polish citizenship.
- In addition to foreign citizenship, military service in a foreign army could also lead to the loss of Polish citizenship.
- Polish citizenship could also be acquired by non-Poles through marriage to someone already recognized as a Polish citizen.
Under the 1920 law, a Polish citizen could lose this status in several ways.
Many of these provisions were updated in later laws, but the principle that a Pole must have had the right to Polish citizenship after 1918 remains in effect.
To this day, in order to confirm Polish citizenship by descent, you must have a direct ancestor who meets these criteria.
Polish Citizenship Act of 1951
Another significant legislative change was the Polish Citizenship Act of 1951, introduced as a result of World War II.
The most important aspect of this law was that it stripped citizenship from people living in the former Polish territory east of the so-called “Curzon Line,” a border established between the new Republic of Poland and the Soviet Union, as well as those living in Germany. However, it is important to note that individuals who arrived in the People’s Republic of Poland under repatriation were recognized as Polish citizens. This meant that many who returned to Poland after the war could regain their citizenship.
Coming into effect on January 19, 1951, this law caused many Poles around the world to lose their Polish citizenship.
In the east, this law affected both ethnic Poles and people of other nationalities. Those living in these areas were naturalized as Soviet citizens and were thus considered citizens of the Soviet Union, not Poland.
In 1991, after the collapse of the Soviet Union, these individuals obtained the citizenship of the new countries and territories that emerged but were not considered Polish citizens.
Although the purpose of this law was to establish the legal definition of Polish citizenship within the new borders formed after World War II, it was not without certain complications.
Polish citizens living abroad could still retain their Polish citizenship if they had a legally married spouse who continued to reside in Poland.
Polish Citizenship Act of 1962
The Polish Citizenship Act of 1962 was not as sweeping as the reforms of 1920 or 1951, but it built upon previous laws and further solidified the framework of Polish citizenship law.
Enacted on February 15 (effective from August 22, 1962), the act included several important provisions:
- Regaining Citizenship After Marriage to a Foreigner: A person who lost Polish citizenship by acquiring foreign citizenship due to marriage to a foreigner could regain Polish citizenship after the marriage ended or was annulled. This required filing an appropriate declaration before the relevant authorities, who would then issue a decision to reinstate the citizenship.
- Citizenship for Children: If a child was born to at least one parent who was a Polish citizen, while the other parent was stateless or of unknown nationality, the child was considered a Polish citizen. This status could be revoked within three months of the child’s birth if the parents opted for another nationality.
- Children Born or Found in Poland: If neither parent was a Polish citizen, a child could acquire Polish citizenship only under specific circumstances, such as being born or found in Poland where the parents were unknown, stateless, or of unknown nationality. Poland does not follow the principle of acquiring citizenship solely by being born on Polish soil (jus soli), but there are protections for children when their parents’ citizenship or identity cannot be determined.
- Naturalization of Foreigners: Foreigners could acquire Polish citizenship in various ways, including through naturalization by residing in the country for five years. Women marrying Polish citizens, or Polish women divorcing foreign nationals, also had legal pathways to being granted Polish citizenship.
- No Dual Citizenship: At this stage, dual citizenship was still not allowed. The 1962 law clearly stated that any previous foreign citizenship would be lost upon granting Polish citizenship.
- Restrictions on Citizenship Revocation: One of the main provisions of the 1962 Act was that it prevented the Polish government from stripping individuals of their Polish citizenship. While there were still ways for individuals to lose their citizenship, such as avoiding compulsory military service or engaging in activities harmful to the country’s interests, the law generally limited the government’s ability to politically target individuals through citizenship revocation.
Polish Citizenship Act of 2009
Lastly, we have one of the most recent updates in Polish citizenship law. Implemented on April 2, 2009, following Poland’s accession to the European Union in 2004, this act further developed the ways in which individuals can acquire Polish citizenship.
- Polish citizens who lost their status before January 1, 1999, could apply for the potential restoration of their citizenship. Applying for citizenship as a foreigner required detailed information about the applicant’s parents and other ancestors if they held Polish citizenship.
- These applications are reviewed by the Polish Minister of Interior, who decides on whether to restore Polish citizenship. In some cases, a consular interview may be required, but the final decision always lies with the appropriate state administrative body in Poland.
These regulations, along with the fact that the Polish government has never restricted the possibility of considering Polish citizenship based on a generational gap from an ancestor, shape much of the process of confirming Polish citizenship today. Additionally, it also allows dual citizenship.
Additionally, the scope for naturalization has been broadened to various circumstances. Any foreigner who has officially lived in Poland for more than a few years and speaks the Polish language can apply for citizenship. The maximum period required is 10 years, but significantly shorter periods apply if the applicant is employed, owns property, is married to a Polish citizen, is a refugee, or is stateless. In many cases, they also need to have successfully applied for a permanent residence permit.
Understanding the legal foundations of Polish citizenship is just the first step. If you’re considering applying, it’s essential to familiarize yourself with the process and requirements. You might be wondering: How do you actually get Polish citizenship? The procedure depends on your specific situation, including whether you qualify through descent, naturalization, or other legal pathways.
If you have Polish ancestors, you may be eligible to confirm your citizenship by descent. But who exactly qualifies, and what does the process look like? Knowing the key steps and required documents can make a significant difference in navigating the application smoothly. Many applicants also ask practical questions such as how long it takes to obtain Polish citizenship and passport and what the total costs are for confirming citizenship by descent. Understanding these details will help you prepare for the journey ahead.
