Polish Citizenship for Foreigners

In August 2012 a new act on Polish citizenship came into force. The requirements for being granted Polish citizenship have changed, the obligation to know the has been introduced for many groups of foreigners. There are two ways in which the foreigners may get Polish citizenship: edition 2012 the President of – may grant Polish citizenship to an applicant at his own discretion. The foreigner does not have to meet any formal requirements, all they need is to convincingly indicate their ties with Poland. Province Governor – may recognise a foreigner as a Polish citizen if the foreigner files a relevant application and meets specified requirements. On becoming a Polish citizen the foreigner acquires full civil rights in Poland (e.g. the right to vote), may apply for a Polish and enjoy certain facilitations in travelling abroad; however, Polish citizenship also confers certain obligations, such as tax duty. By acquiring Polish citizenship a foreigner simultaneously becomes a citizen of the . Note! Information con- cerning the possibility of acquiring Polish citizenship by for- eign spouses and children of Polish citizens can be found in a sep- arate leaflet. How to apply for Polish citizenship? Pagina 2 Who can apply?

Foreigners may acquire Polish citizenship case, the foreigner’s signature on defensive capability, the state safety Who can be recognised as a in two ways: the application should be officially or public safety and policy protection. Polish citizen? certified). Any documents issued in ●● citizenship grant by the other languages than Polish should The Act on Polish Citizenship stipulates President of Poland; be filed together with their certified Continuous that recognition as a Polish citizen can ●● recognition as a Polish citizen translations into Polish. residence take place in relation to: by a Province Governor if specific The waiting time for the President’s ●● a foreigner residing continuously conditions have been fulfilled. The residence of a foreigner on decision to grant or to refuse granting on the Polish territory for at least the territory of the Republic Polish citizenship is usually two to 3 years under a settlement permit, of Poland shall be regarded Citizenship Grant three years. a residence permit for a long-term as continuous if the foreigner EC resident or under the permanent A foreigner legally residing on the territory has not been absent from the residence permit, who has a stable of the Republic of Poland may file an Recognition as a Polish territory of the Republic of and regular source of income in application for Polish citizenship through citizen Poland for a period exceeding Poland as well as the legal title to a Province Governor relevant for their 6 months or 10 months jointly dwelling premises; place of residence. Such an application A foreigner who meets specific during the period required, cannot be filed by persons staying in requirements may apply for unless the reason of their ●● a foreigner residing continuously Poland on the basis of a visa or visa free recognition as a Polish citizen. absence was: on the Polish territory for at least regime. A foreigner permanently residing Application to that effect should be 2 years under a settlement permit • performance of occupational abroad files an application for Polish filed with the Province Governor obtained in connection with having obligations or work abroad citizenship through a Polish consul. competent for the foreigner’s place of a refugee status granted in the residence. To file such an application, on the basis of a contract Republic of Poland; The foreigner does not have to fulfil any the foreigner needs to have been concluded with an employer ●● the foreigner residing continuously conditions (e.g. they do not need to have residing in Poland for a specific time whose seat is placed on the on the Polish territory for at least been residing in Poland for a specific based on a permit to settle, a residence territory of the Republic of 2 years under a settlement permit, number of years), however, in their permit for a long-term EC resident Poland; a residence permit for a long-term application they have to indicate their or based on the right of permanent • accompanying a spouse EC resident or under the permanent ties with Poland. residence. performing such occupational obligations; residence permit, who has no The President may grant citizenship to While the President may make • medical treatment. citizenship; a person who, in his opinion, should be decisions to grant citizenship based granted such citizenship without stating ●● a foreigner residing continuously on the assessment of foreigner’s In the case of foreigners residing and legally on the Polish territory for grounds of his decision. Decisions of the motives and arguments, a Province in Poland in connection with President of the Republic of Poland in at least 10 years, who meets all the Governor may recognise a person as protection grant: refugee status, following conditions: this respect are final and binding and are a Polish citizen if that person meets supplementary protection not subject to appeal or complaint to the specific requirements. Meeting such or tolerated stay, the time of ●● has a settlement permit, a administrative court, since provisions requirements does not automatically waiting for decision to grant residence permit for a long-term of the Polish Code of Administrative mean that the foreigner will be granted them protection is included EC resident or a permanent Procedure do not apply to the procedure Polish citizenship. into the continuous residence residence permit in question. period required, even if the A foreigner may by refused recognition ●● has a stable and regular source of The application is filed on the official foreigner stayed the in arrest income in Poland as well as the as a Polish citizen if their acquiring or guarded centre at that time. form personally or by post (in the latter Polish citizenship endangers the legal title to dwelling premises Pagina 2 Applications and attachments

(In such a case, it is not relevant How to File the which in turn issues the copy 11. Documents confirming professional on which basis the foreigner has Application? required to file the application. achievements of a foreigner been residing in Poland for 10 (academic titles granted, 4. Original document confirming years, as long as their residence To file the application for recognition professional positions held) as well marital status (copy of marriage is legal. It is important that the as a Polish citizen, the following as social and political activity they certificate, divorce certificate or foreigner has the required legal documents are required: have carried out. spouse’s death certificate) issued status at the moment of filing the 1. Application, 1 copy, for by a Polish vital records registry. 12. Document confirming the citizenship application); recognition as a Polish citizen Foreign certificates have to be of the foreigner’s spouse. ●● a foreigner residing continuously drawn up in the Polish language first translated and entered in 13. Information (documents or a on the Polish territory for at least and on the official form. Polish registers. statement) stating whether the 2 years under a settlement permit 2. Photographs, 1 photograph, in 5. A photocopy of a valid passport foreigner has already had or applied obtained in connection with Polish the format required (examples or . for Polish citizenship. ancestry. and descriptions of technical 6. A photocopy of permanent 14. Proof of payment of stamp duty requirements are available at the The Act also envisages the possibility to residence permit in Poland, (PLN 219). Province Governor’s Offices). recognise minor children and spouses permanent settlement or a of Polish citizens as Polish citizens; In addition, foreigners who have to prove 3. Full original copy of birth residence permit for a long-term information concerning this matter can having stable and regular income source certificate issued by a Polish EC resident. be found in a separate leaflet. and the legal title to dwelling premises in vital records registry, not earlier 7. A photocopy of permanent Poland supplement the application with than 3 months prior to filing the residence card or document the following documents: application. Birth certificate confirming the right of in a foreign language has to be permanent residence. ●● Documents confirming the income first translated by a certified source (e.g. employment agreement, translator and then registered 8. Confirmation of registered certificate of employment, PIT form) at a Polish vital records registry, domicile (permanent or temporary). ●● Legal title to dwelling premises (e.g. lease agreement). Knowledge of the Polish Language 9. Official certificate confirming knowledge of the Polish language While filing the application for recognition as a Polish citizen through a Prov- (see box). When the application ince Governor, the foreigner has to prove the knowledge of the Polish language. concerns children They may enclose with the application a certificate of graduation from a Pol- 10. Statement giving the dates ish school, from a school abroad (with Polish as language of instruction) or of residence in Poland in the The application for recognition as a a certificate confirming the knowledge of the Polish language. period required and documents Polish citizen or for Polish citizenship confirming residence in Poland for children below 18 years of age may Such a certificate is issued by the State Commission for the Certification of Pro- at the time indicated (passport be filed by legal guardians of the child. A ficiency in Polish as a Foreign Language (Państwowa Komisja Poświadczania with stamps, airline tickets child above 16 years of age additionally Znajomości Języka Polskiego Jako Obcego, www.buwiwm.edu.pl/certyfikac- or other proofs). Whenever a has to give its consent. ja/ - website only in the Polish language version). This institution carries out foreigner is not able to present exams in various cities in Poland. Exams may be taken against payment, the such documents, they draw up a A foreigner applying for Polish cost is about EUR 80. In 2012, exams from the B1 level up were carried out statement in this matter where citizenship or recognition as a Polish (communicative knowledge of language). they declare the dates of their citizen, additionally indicates personal residence in Poland. details of the child in the application. Citizenship for Children Pagina 2

The grant of Polish citizenship to parents including the time of taking a stance Loss of citizenship occurs within 30 ●● If a foreigner files an application for or recognising them as Polish citizens by consultative bodies, periods during days from the date of the President’s recognition as a Polish foreigner and extends on children remaining under which proceedings are suspended and issuing the decision on granting then applies for Polish citizenship, their parental authority (if they have not delays caused by one of the parties or consent for citizenship renunciation. the recognition as a Polish citizen attained the age of 18). A child above 16 factors that are beyond the control The President will not grant such a procedure will be discontinued. years of age has to give its consent to being of the body shall not be counted in consent if a given person is not a citizen granted Polish citizenship. calculating the above deadlines. of any other state or no promise to grant such citizenship has been issued If only one parent of the child acquires The decision of the President of Poland with regard to such a person. Polish citizenship, this decision covers on granting Polish citizenship is not the child on condition that the other subject to appeal. The decisions of the parent officially agrees to it (unless the President of the Republic of Poland do Things worth knowing: other parent has no parental authority not include statement of grounds. The ●● Province Governor, when over the child). waiting time for the decision of the considering an application for President of the Republic of Poland is recognition as a Polish citizen, Parentless Children usually 2-3 years. and the Minister of Interior, prior to passing an application A child becomes a Polish citizen if it is born Double citizenship for Polish citizenship to the on the territory of Poland and its parents President of the Republic of are unknown. In that case the application Polish law allows the Polish citizen Poland, refer to the Police on behalf of the child is filed by a legal to be simultaneously a citizen of Commander in Chief and Internal guardian appointed by the court. another state. While staying on the Security Agency Executive as well territory of Poland, such a person is as to other bodies, if necessary, Children whose parents always treated as a citizen of Poland for information pertaining to the (the other citizenship is not taken into foreigner. are stateless account). ●● Recognition as a Polish citizen A child born in Poland also acquires It cannot be any longer required that may not be granted to a foreigner Polish citizenship by virtue of law if its a foreigner renounce their previous if it could endanger the defensive parents are stateless or their citizenship citizenship prior to acquiring Polish capability or state security or is not determined. citizenship. However, legislation of public safety and policy. some other states does not allow their Appeals and dates citizens to have double citizenship. Sometimes, acquiring Polish citi- Decision concerning recognition as a zenship may entail the loss of the Polish citizen is subject to appeal at the previous citizenship. Ministry of Interior (through a Province Governor) within 14 days from decision delivery. The application in the first Loss of Polish citizenship instance should be considered within 60 A Polish citizen may lose Polish days. Pursuant to Article 35 § 5 of the Code citizenship only on their own request of Administrative Procedure, deadlines in the form of application to the set down by law for particular acts, President of Poland filed through a Province Governor or a consul. Based on the provisions of: The Act of 2 April 2009 on Polish Citizenship. (Journal of Laws of 2012, item 161). Design & production: Studio Arian | www.studioarian.eu

Information prepared by Polish Migration Forum Foundation (Fundacja Polskie Forum Migracyjne) as part of the project: „Information Center for Foreigners 2” („Centrum Informacyjne dla Cudzoziemców 2”).

Project co-financed from funds of the European Fund for the Integration of Third-Country Nationals and the State budget.

The project partners:

Association of Legal Intervention www.interwencjaprawna.pl

Mazowieckie Province Governor www.mazowieckie.pl

Polish Migration Forum www.forummigracyjne.org

Polish Migration Forum is liable for the content of the publication. Opinions presented in it in no way reflect the official position of the European Union.