Ways to obtain polish citizenship

As a country with a rich history, beautiful landscapes, a rapidly developing economy and a hospitable society, Poland is becoming an increasingly attractive place to settle for many foreigners. Although the process of obtaining Polish citizenship can be complicated, it is possible through various paths. Therefore, below we will present to you the ways that Poland offers to those who dream of a permanent relationship with this beautiful country.

This is important to know, as persons residing or staying on the territory of the Republic of Poland may enjoy many rights on similar principles as persons holding Polish citizenship. However, obtaining a Polish passport gives you many more opportunities, in every aspect of life. If you would like to find out even more about Polish citizenship, we encourage you to visit https://fivetoeurope.com/about-us/, where all the rules related to the Polish passport are set out in detail, as well as what rights and obligations await a Polish citizen.

Acquisition of Polish citizenship – legal basis

Acquisition of Polish citizenship is, of course, based on the provisions of the Act of 2 April 2009 on Polish citizenship, often referred to as “u.o.p.”. Pursuant to Article 4 of the said Act, there are three main ways of acquiring Polish citizenship:

•       automatically by operation of law,
•       by granting Polish citizenship,
•       by recognition as a Polish citizen.

Additionally, there is an option of acquiring Polish citizenship by its restoration, which is a procedure somewhat separate from the ones mentioned above. Restoration of citizenship involves regaining the status of a Polish citizen, and this subject requires intricate procedures and a long waiting time.

Submission of an application for Polish citizenship

The procedure for applying for Polish citizenship varies depending on where the applicant lives. Persons residing in Poland submit the application through the voivode competent for their place of residence, while persons residing abroad submit the application through the competent consul. The application should be submitted in person or sent by correspondence, and in both cases it requires a valid official signature.

If the documents submitted as part of the application are in a foreign language, it is also necessary to enclose their translation into Polish. The translation may be done by a sworn translator or by a Polish consul. All the above-mentioned formalities and documents are precisely specified, and a detailed list is available on the websites of the relevant voivodeship offices or consulates of the Republic of Poland in the respective countries.

Ways of acquiring Polish citizenship

There are several ways to acquire Polish citizenship. We present and briefly discuss them below.

Acquisition of Polish citizenship by birth to Polish citizen parents – the rule of blood / Ius Sanguinis

According to the rule of blood, also known as Ius Sanguinis in Latin, a child automatically acquires Polish citizenship if at least one of its parents holds Polish citizenship. This law applies irrespective of whether the birth of the child took place in Poland or abroad. Provisions of this type are regulated in Article 14(1) of the Act on Polish Citizenship.

Acquiring Polish citizenship through giving birth or finding a child on the territory of Poland – the Territory Principle / Ius Soli

The principle of territory, also known as Ius Soli, is the second type of acquisition of Polish citizenship and applies where a child is born or found on the territory of Poland and at the same time the citizenship of both parents is unknown, undetermined or they do not have any citizenship (Art. 14 point 2 and Art. 15 of the Act on Polish Citizenship). According to this, the child automatically acquires Polish citizenship by operation of law.

Acquisition of Polish citizenship through full adoption – Adoption

In the case of full adoption, i.e. adoption, a child taken in by a person or persons holding Polish citizenship also acquires that citizenship. It is a prerequisite that the full adoption is carried out before the child reaches the age of 16. In such a case, the child is deemed to have acquired Polish citizenship from the moment of birth. Acquisition of Polish citizenship as a result of full adoption occurs by operation of law.

Grant of citizenship by the President of the Republic of Poland

Under Article 18 of the Citizenship Act, the President of the Republic of Poland has the power to grant Polish citizenship to foreigners at their own request. In this context, the President of the Republic of Poland is not bound by any constitutional restrictions and may grant Polish citizenship to any foreigner who so requests. The process also includes granting Polish citizenship to both parents, which automatically covers children under their parental authority (if they are under 16 years of age).

If Polish citizenship is granted to one of the parents, the situation of a minor remaining under the custody of that parent is subject to statutory regulations. If the other parent does not have parental authority or the other parent agrees to the acquisition of Polish citizenship by a minor, the President of the Republic of Poland may grant citizenship. However, it is possible to file an application for Polish citizenship for a person residing in Poland through the wojewoda [head of province] competent for the place of residence, and for persons residing abroad – through the competent consul.

The application may be filed in person or by correspondence, with an officially certified signature. It is also worth noting that documents issued in a foreign language, as in previous cases, must be submitted together with their translation into Polish, which may be prepared by a sworn translator or a consul of the Republic of Poland. A detailed form of the application for Polish citizenship has been set out in the Ordinance of the President of the Republic of Poland of 7 August 2012 concerning the form of the application, requirements for a photograph attached to the application, and templates of the Polish citizenship grant deed and of the notification of denial of Polish citizenship (Journal of Laws, item 927).