Citizenship is a key aspect of any person’s national identity and legal status. In case of Poland, its rich history and national heritage make Polish citizenship specially important. Therefore, below we will take a deeper look at who can obtain Polish citizenship, what conditions need to be met to become a Polish citizen and what it generally means to be in possession of a Polish passport.
What are the ways to obtain Polish citizenship?
There are several different ways to obtain citizenship in Poland. The most important of these are:
· Being born in Poland to a Polish parent
This is known as the blood principle. If you are born on the territory of Poland, you automatically obtain Polish citizenship, provided that at least one of your parents has Polish citizenship. Article 14(1) of the Polish Citizenship Act tells us this.
· Sequestration
A person without citizenship or a person with citizenship of another country may also apply for Polish citizenship by way of inheritance. This process requires the fulfilment of certain conditions, such as legal residence on Polish territory for a certain period of time. In case of Poland, these are three years on the basis of a permanent residence permit, a residence permit for a long-term EU resident or the right of permanent residence. Obviously, also in this case it is necessary to apply for Polish citizenship.
· Naturalisation
Naturalisation is the process of obtaining Polish citizenship by foreigners. In order to apply for naturalisation, a person must meet certain requirements, such as permanent residence in Poland for at least 3 years, proving knowledge of Polish language and having a legal source of income and occupying a dwelling.
· Marriage to a Pole:
A person who is married to a Polish citizen for at least three years may apply for Polish citizenship via process of recognition as a Polish citizen after meeting certain conditions and residency period. The required residency period in case of spouse of a Polish citizen is two years.
· Descent from Polish parents
It is a territory rule that if at least one of the parents of a person born outside Poland is Polish, the child can apply for Polish citizenship. This is told to us in Articles 14(2) and 15 of the Polish Citizenship Act, where the child acquires Polish citizenship by operation of law.
What conditions have to be met to obtain Polish citizenship by recognition?
The process of obtaining Polish citizenship is strictly regulated by Polish law. Here are some of the main conditions that need to be met to obtain Polish citizenship:
· Permanent residence
An applicant for Polish citizenship must demonstrate that he or she has been permanently resident in the territory of Poland for a minimum of three years and meets certain requirements related to the time of residence.
· Legal source of livelihood:
Many cases of naturalization require proof of a legal source of livelihood. An applicant for citizenship must therefore be able to demonstrate that he or she is not encumbered by debts or a burden on the Polish state.
· Language and knowledge of Poland tests:
In some cases, an applicant for citizenship may be required to pass language and knowledge tests about Poland. These tests are designed to assess knowledge of the Polish language and knowledge of Polish history, culture and institutions.
Who may be recognised as a Polish citizen?
According to the procedure for obtaining Polish citizenship by recognition, foreigners who reside in Poland on the basis of relevant permits may apply for recognition as Polish citizens. To make this possible, they must meet several criteria, such as:
· Integrating into Polish society during a long-term legal stay in Poland.
· Have the ability to communicate in the Polish language supported with Polish language exam or studies in Poland.
· Have an assured place to live and means of subsistence.
· To comply with Polish law and not to be a threat to the defence or security of the state. In particular, this procedure is available to refugees, persons without citizenship, children and spouses of Polish citizens and persons of Polish origin.
Pursuant to Article 30(1) of the Citizenship Act, recognition as a Polish citizen may include:
· A person who has lived continuously on the territory of Poland for at least 3 years on the basis of a permanent residence permit, a residence permit for a long-term resident of the European Communities or the right of permanent residence, and has a stable source of income and the right to housing.
· A person who has lived continuously in Poland for at least 2 years on the basis of a permanent residence permit, a residence permit for a long-term resident of the European Communities or the right of permanent residence and is married to a Polish citizen or has no other citizenship.
· A person who has lived continuously on the Polish territory for at least 2 years on the basis of a permanent residence permit obtained as a refugee in Poland.
· Minor children, one of whose parents is a Polish citizen, and who live in Poland on the basis of a permanent residence permit, a residence permit for a long-term resident of the European Communities or the right of permanent residence, in accordance with the consent of the other parent who is not a Polish citizen.
· Minor children whose at least one parent has regained Polish citizenship, provided that they live in Poland on the basis of a permanent residence permit, a residence permit for a long-term resident of the European Communities or the right of permanent residence, in accordance with the consent of the other parent who is not a Polish citizen.
· Foreigners who have lived continuously and legally in Poland for at least 10 years, hold a permanent residence permit, a residence permit for a long-term resident of the European Communities or the right of permanent residence, and have a stable source of income and the right to live in Poland.
· Foreigners who have lived in Poland for at least one year on the basis of a permanent residence permit obtained on the grounds of descent from Polish ancestors or on the basis of the Card of the Pole.
It should be noted that according to paragraph 2 of Article 30, foreigners applying for recognition as Polish citizens, with the exception of minor children one of whose parents already has Polish citizenship, must have an official document confirming their ability to speak Polish at a level of at least B1 or a certificate of graduation from a school in Poland or abroad with Polish as the language of instruction. This recognition may be obtained at the request of the person concerned, and also covers children who have obtained the consent of the other parent (in the case of minors), or children who are at least 16 years old and have agreed to be recognised.
So as we can see, Polish citizenship can be obtained in several ways. If you would like to find out even more on the subject, we encourage you to visit https://fivetoeurope.com/faqs/, where you can find the most frequently asked questions by persons who intend to apply for a Polish passport.