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Poland

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It is possible to beocme a citizen of Poland if you can prove a direct link in Ancestry was a Polish Citizen.
National Flag of
Rzeczpospolita Polska (pol)
Currency
PLN
Area Code
+48
Capital
Warsaw
Region
Eastern Europe
Native Languages
Polish
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Citizenship Act of Poland

ACT Of 15th February, 1962 On Polish Citizenship

(cf. the Journal of Laws, no. 10, item 49)

CHAPTER 1 Polish Citizens

Article 1 On the day of this Act coming into force, Polish citizens shall be persons who hold Polish citizenship on the basis of the previous provisions.

Article 2 In accordance with Polish Law, a Polish citizen cannot at the same time be recognized as a citizen of another state.

Article 3 Solemnisation of marriage by a Polish citizen with a non-Polish citizen shall not bring about any change in the citizenship of the spouse. The change of citizenship held by one of the spouses shall not result in a change of citizenship of the other spouse.

CHAPTER Acquisition of Polish citizenship

Article 4 A child shall acquire Polish citizenship by birth when: Both parents are Polish citizens or One of the parents is a Polish citizen and the other one remains unknown or his/her citizenship is undefined or if he/she holds no citizenship.

Article 5 A child born or found in Poland shall acquire Polish citizenship when both parents are unknown or their citizenship remains unknown or they hold no citizenship.

Article 6 A child of parents, one of whom is a Polish citizen and the other one a citizen of another state, shall acquire Polish citizenship by birth. However, the parents on behalf of the child may in a declaration made jointly before the competent authority within three months after the day of birth of the child opt for citizenship of the foreign state of which one of the parents is a citizen if under the law of that State the child acquires its citizenship.

2. In the absence of agreement between the parents, each of them may within three months after the day of birth of the child apply for a decision to a court of law.

3. A child who has acquired foreign citizenship subject to para. 1 or 2 above shall acquire Polish citizenship if having attained the age of 16 years and before the end of six months from the date of coming of age, if he/she makes a relevant declaration before the competent authority and that authority makes a decision accepting the declaration.

Article 7 Changes in ascertaining the identity or the citizenship of one or both of the parents shall be taken into account in defining the citizenship of a child, if they take effect before the end of one year from the day of birth of the child. The three-month period referred to in Article 6 para. 1 and 2 shall be reckoned from the day on which the change was determined.

2. Changes in ascertaining the identity of the father, following from a court decree issued as a result of the claim to deny the affiliation status of the father or to nullify the fathering of a child, shall be taken into account in establishing the citizenship of the child unless the child has come of age. If the child has attained the age of 16 years, any change of citizenship may take effect only by his/her consent.

Article 8 A foreigner may upon his/her own request be granted Polish citizenship if he/she has resided in Poland for at least five years.

2. In particularly justified cases, a foreigner may upon his/her own request be granted Polish citizenship even if he/she fails to meet the conditions laid down in para. 1 above.

3. The granting of Polish citizenship to may be subject to submitting proof having lost of or been released from foreign citizenship.

4. The granting of Polish citizenship to both parents shall extend to children remaining under their parental authority.

5. The granting of Polish citizenship to one parent only shall extend to his/her children if

1) they remain under his/her exclusive parental authority,

2) the other parent is a Polish citizen or

3) the other parent has expressed consent before the competent authority for the child to acquire Polish citizenship.

6. Polish citizenship may be granted to children remaining in care only by consent of the guardian, given in a relevant declaration before the competent authority after an earlier fulfillment of the requirements of foreign law having jurisdiction.

7. The granting of or the extension of granting Polish citizenship to children who have attained the age of 16 years shall take effect only by their consent.

Article 9 A person of unspecified citizenship or holding no citizenship may be recognized as a Polish citizenship if that person has resided in Poland for at least five years.

2. Recognition as a Polish citizen shall take effect upon the request of the person concerned.

3. Recognition as a Polish citizen shall extend to the children of the recognized person if they reside in Poland.

4. The provisions of Article 8 para. 4 to 7 shall apply respectively.

Article 10 A foreign woman who is married to a Polish citizens shall acquire Polish citizenship if in the course of three months after the day of solemnisation of her marriage she makes a relevant declaration before the competent authority and that authority issues a decision accepting the declaration.

2. Acceptance of the declaration may be subject to submitting proof of having lost or been released from foreign citizenship.

Article 11 A woman who has lost Polish citizenship by acquiring foreign citizenship as a result of her marriage to a foreigner or in connection with the solemnisation of this marriage shall resume her Polish citizenship if after the termination of this marriage or its annulment she makes a relevant declaration before the competent authority issued a decision accepting the declaration.

2. Acceptance of the declaration may be subject to submitting proof of having lost or been released from foreign citizenship.

Article 12 Persons arriving in Poland as repatriates shall acquire Polish citizen by virtue of law.

2. In the understanding of this Act, a repatriated person shall be a foreigner of Polish Nationality or descent who has arrived in Poland to settle permanently after having obtained permission to do so from the Polish competent authority.

3. By means of repatriation Polish citizenship shall be acquired also by the repatriated persons’ children remaining under their parental authority. However, in the event of only one parent’s being a repatriated person, a child shall acquire Polish citizenship only by consent of the other parent expressed in a relevant declaration made before the Polish competent authority.

4. Children remaining in care shall acquire Polish citizenship by repatriation if they have effected it by consent of the guardian, given in a relevant declaration made before the Polish competent authority.

5. Acquisition of Polish citizenship under para. 3 and 4 by a child who has attained the age of 16 years may take effect only by his/her consent.

6. A person who has lost Polish citizenship acquired by the repatriation cannot resume it under the same procedure.

CHAPTER 3 Loss of Polish Nationality

Article 13 Subject to the exceptions provided for in this Act, a Polish citizen may acquire foreign citizenship only by permission from the Polish competent authority to change citizenship. Acquisition of foreign citizenship shall bring about the loss of Polish citizenship.

2. Permission to change citizenship granted to the parents shall extend to children remaining under their parental authority.

3. Permission to change citizenship granted to one of the parents shall extend to children remaining under his/her parental authority, when one of the parents is not entitled to parental authority or when that other parents is not a Polish citizen or while being a Polish citizen gives consent before the competent authority to change the citizenship of the children.

4. Where the other parent being a Polish citizen makes an objection to the change of citizenship of the children or where the parents agreement meets obstacles difficult to overcome, each of the parents may turn to the court for a decision.

5. Permission to change citizenship shall extend to children who have attained the age of 16 years only by their consent.

Article 14 A Polish female citizen who Under foreign law, has acquired foreign citizenship as a result of her marriage to a foreigner or in connection with the solemnisation of this marriage or who While holding foreign citizenship, has acquired Polish citizenship as a result of her marriage to a Polish citizen or by virtue of having been married, and her marriage has ceased or has been cancelled and that person still holds foreign citizenship under foreign law, shall lose Polish citizenship if she makes a relevant declaration before the Polish competent authority and that authority issues a decision accepting the declaration.

Article 15 A polish citizen who stays abroad may have his Polish citizenship revoked if he/she has been in breach of the duty of allegiance to the Polish People's’ Republic, he/she acted to the detriment of the vital interests of the Polish People’s Republic, he/she has illegally departed the territory of the Polish People’s Republic after the 9th of May, 1945, he/she has refused to return to Poland when called upon to do so by the competent organ of the state, He persists in the evasion of the duty of military service as provided for by Polish law, he/she has been convicted abroad for an offence being a common offence also in the understanding of Polish law or if he/she is a recidivist.

2. Where it is impossible to serve the decision on the revocation of Polish citizenship upon the person whom the decision concerns or if that person refuses to receive the decision, announcement of the decision on the revocation of Polish citizenship in the premises of a Polish consular office for a duration of fourteen days shall be in lieu of it’s delivery.

CHAPTER 4 Competence of Organs

Article 16 The Council of State shall decide on the granting of, on permission to change, and on the revocation of Polish citizenship. Permission to change Polish citizenship shall be given upon the request of the Minister of Internal Affairs, and the revocation of Polish citizenship - upon the request of the Minister of Foreign Affairs. The Council of State may authorize the Minister of Foreign Affairs to grant permission to change Polish citizenship to persons residing abroad, and also may express consent for decisions on these matters to be transferred by the Minister of Foreign Affairs to heads of dome consular offices. Application for the granting of Polish citizenship and for permission to change Polish citizenship shall be made by persons residing in Poland to internal affairs organs of the presidiums of district people’s councils, and by persons residing abroad - to Polish offices.

Article 17

1. Recognition as a Polish citizen shall be granted by internal affairs organs of the presidium of a voivodeship people’s council.

2. Matters referred to in Article 6 para. 3, in Articles 10, 11 and 14 shall be decided on by: An internal affairs organ of the presidium of a voivodeship people’s council - in respect of persons residing in Poland, A Polish consular office - in respect of persons residing abroad.

3. Declarations of option for foreign citizenship (Article 6 para. 1), as well as of consent for children to acquire or change Polish citizenship (Article 8 para. 5 point 3 and para. 5, Article 12 para. 3 and 4 and Article 13 para. 3) shall be received by: An internal affairs organ of the presidium of a district people’s council in respect to persons residing in Poland, A Polish consular office in respect to persons residing abroad.

4. The holding or loss of Polish citizenship shall be certified by an internal affairs organ of the presidium of a district people’s council.

5. Matters brought to the court for a decision (Article 6 para. 2, Article 13 para. 4) shall be decided on by a Polish court. Jurisdiction shall be that of a district court acting as a guardianship authority. Territorial competence of the court shall be determined in accordance with a child’s place of a permanent residence in Poland - according to the child’s place of stay in Poland. In the absence of these grounds, the competence shall be that of the District Court for the Capital City of Warsaw..

Article 18 The territorial competence of an internal affairs organ of the presidium of a people’s council shall be determined according to the following precedence: place of permanent residence of a person whom the proceedings concern, place of stay and finally - place of his/her last permanent residence or stay. In the absence of any of these grounds, the competence shall be that of an internal affairs organ of the Presidium of the People’s Council of the Capital City of Warsaw when a decision belongs to a voivodeship level organ of the Presidium of the District Council for Central Warsaw when a decision belongs to a district level organ (Article 17 para. 3 point 1 and para. 4). The territorial competence of the consular office (Article 17 para. 2 point 2 and para. 3 point 2) shall be determined by the place of residence of a person whom the proceedings concern and in the absence of the place of permanent residence - by the place of stay. The provisions of this Act concerning internal affairs organs of the presidiums of voivodeship people’s councils shall respectively apply to internal affairs organs of the presidiums of cities excluded from voivodeship, and the provisions concerning internal affairs organs of the presidiums of district people’s councils - to internal affairs organs of the presidium of district people’s councils in cities excluded from voivodeship.

CHAPTER 5 Interim and Final Provisions

Article 19 Persons who have acquired Polish citizenship on the grounds of Articles 2a and 3 para. 2 of the Act of 20th January, 1920 on the citizenship of the Polish State (cf. the Journal of Laws’ no. 7 item 44, with subsequent amendments) shall not be Polish citizens if they hold the citizenship of a foreign State and continue to reside abroad.

Article 20 The Act of 8th, 1951 on Polish citizenship (cf. the Journal of Laws, no. 4, 25) shall cease to have effect.

Article This Act shall enter into force at the end of six months from the day of it’s announcement.