Polish citizenship is, for many people, the key to connecting with the ancestral homeland, gaining access to the benefits of European Union membership or having their national identity formally recognised. One of the most common ways of obtaining Polish citizenship is by descent. Who can apply for Polish citizenship by descent and on what conditions? Below we will take a look at some basic questions and try to answer them, as well as explain the key legal provisions and practical aspects of the whole process.
Legal basis for citizenship by descent
Polish law is based on the principle of ‘ius sanguinis’ (law of blood), which means that citizenship is passed on to the child by the parents, regardless of the child’s place of birth. This principle was regulated in the Act of 2 April 2009 on Polish citizenship. According to Article 14 of this Act:
- A child acquires Polish citizenship at birth if at least one parent has Polish citizenship.
- Citizenship does not automatically expire due to emigration of the parents or acquisition of another citizenship by the child or their guardians.
This means that for people who have Polish ancestors, it is possible to apply for citizenship by descent, even if they themselves have never lived in Poland. However, it is important to prove your links to your Polish ancestors.
Check who can apply for Polish citizenship by descent and on what conditions?
How to prove Polish ancestry?
The process of obtaining citizenship by descent requires the presentation of appropriate evidence documenting Polish roots. Below we explain the most important elements to remember:
1. who were the ancestors?
Polish ancestry can be proven through:
– Parents,
– Grandparents,
– Great-grandparents.
It is crucial to prove that at least one of your ancestors held Polish citizenship or was of Polish nationality. Documents that can confirm this:
– Birth certificate,
– Marriage certificate,
– Proof of identity of ancestors,
– Registration cards or passports from the time of the Second Republic of Poland.
2. Documenting the family relationship
The next step is to evidence the line of relationship between the applicant and the ancestor. Civil status records (e.g. birth, marriage and death certificates), which clearly indicate family relationships between successive generations, can be helpful.
3 Polish national identity
If the Polish nationality of your ancestors cannot be confirmed (e.g. in the case of citizens of the former USSR), it may be important to document their Polish nationality. Documents such as certificates from Polish churches, Karta Polaka or certificates from Polish associations can be used if this is the case.
Citizenship by descent versus repatriation
Acquisition of citizenship by descent should be distinguished from the repatriation procedure. Repatriation mainly concerns persons of Polish origin who, for various historical reasons (e.g. deportation to the former USSR), found themselves outside Poland and want to return to the country permanently. Persons applying for citizenship by descent also do not have to plan to return to Poland, although they are obliged to demonstrate their links with Polish culture and tradition.
Procedure for obtaining citizenship
Polish citizenship is obtained in several steps. These are:
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Step 1: Submitting an application
The first step is to submit an application for confirmation of Polish citizenship to the relevant voivode or Polish consulate abroad. The documents should be translated into Polish by a sworn translator.
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Step 2: Verification of the documents
The office verifies whether the documents provided are sufficient to prove Polish origin. This process can take from a few months to even a few years, depending on the complexity of the case.
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Step 3: Administrative decision
After positive verification of the documents, the office decides on confirmation of Polish citizenship. If the documents are insufficient, it is possible to supplement the deficiencies or appeal against the refusal.
Who may have difficulties in obtaining citizenship?
Certain situations can complicate the process of confirming citizenship. An example of this could be the lack of documents confirming ancestral citizenship. Loss of citizenship by ancestors as a result of acquiring citizenship of another country (especially before 1951), as well as ambiguities concerning the citizenship of ancestors, especially in the case of emigration from the territories of the former Second Republic of Poland, may also become problematic.
In such cases, it is advisable to seek the assistance of a lawyer or law firms specialising in citizenship law.
Polish citizenship vs. EU citizenship
It is worth knowing that having Polish citizenship automatically also means having citizenship of the European Union. This entitles Polish citizens to many rights that others may only dream of. These include, for example, freedom of movement and freedom to take up employment in EU countries, the right to receive consular assistance from other Member States in non-EU countries, or the right to undertake studies and engage in economic activity throughout the European Union.
