In line with the binding regulations of Polish law there is a number of ways to acquire the Polish citizenship and move to Poland. In particular, it can be acquired by virtue of law, through granting Polish citizenship, recognizing as a Polish citizen or restoring Polish citizenship.
By virtue of law
This applies to minors exclusively (under the age of 18 or until entering matrimony). There are two alternative ways available. The first of which is the so-called “right of blood”, where one of the parents holds Polish citizenship at the time of birth of the child. The other way is referred to as “the right of soil” and it is applied whenever the parents of a child born in the territory of Poland remain unknown, hold no citizenship at all or if their citizenship cannot be determined. The foregoing also applies to minors found in the territory of Poland when their parents remain unknown. A minor foreigner, who was subject to a full adoption before the age of 16, acquires Polish citizenship at birth.
Polish citizenship is granted by the President of the Republic of Poland upon request of a foreigner (or his or her statutory representative if the foreigner is minor). The request must be in form of an application and must include the personal details of the foreigner, their address, information of their parents (if they used to hold Polish citizenship), information of sources of income, command of the Polish language etc. Additionally, the application should be appended with documentation verifying this information and also with adequate photos. The application is submitted to the competent voivode or the consul. It can be submitted personally or by mail, note that officially certified signature is required. The President of Poland holds the authority to grant Polish citizenship,
but also to deny such a request. For the sake of consideration of the application the President is not bound by any time limitations and his or her decision cannot be appealed against, nonetheless a properly drafted motion by an immigration lawyer will surely add to the chances of being successfull.
This procedure applies to those who had lost their Polish citizenship prior to 01.01.1999. It requires the foreigner to submit an adequate application to the Minister of Internal Affairs. The application must include the personal details of the foreigner, his or her address, biography, lest place of residence in Poland before the loss of Polish citizenship as well as a statement in which he or she declares having held Polish citizenship in the past. The application should be appended with documentation verifying and confirming the personal details, the loss of the citizenship and a photo (size requirements stipulated in separate provisions). The decision should be rendered without unnecessary delay and it can be appealed against within 14 days. In line with the provisions of the Polish law, this institution does not apply to those who during the 2nd World War benevolently served in the military forces or took up an official post in the countries of the Axis or acted to the detriment of Poland.
CGO law firm and our immigration lawyers provides services in the field of acquiring Polish citizenship by foreigners in respect of each of the available ways described above. The fundamental issue is to determine which way is the most adequate. Then we assist with preparing the necessary documents and eventually with the formal proceedings.
Should you be interested in learning more on the above please feel free to contact us.