There are 2 ways to obtain Polish citizenship:
- acquisition
- shipment
- recognition
Acquisition of citizenship.
Ways:
1st birth to parents who have at least one ob. RP – the principle of “Ius Sanguinis
By law, a child acquires Polish citizenship by birth to parents, at least one of whom has Polish citizenship, regardless of the child’s place of birth in Poland or abroad (Article 14 (1) of the Act on Polish Citizenship).
2. Having a child or finding a child in Poland – the Ius Soli rule
This rule applies when the child is born or is found in Poland, and both parents are unknown or their citizenship is undefined, or they do not have any citizenship (Article 14 (2) and Article 15 of the Act on Polish Citizenship). Such a child acquires Polish citizenship by law.
3. Full adoption – adoption
A child adopted by a person or persons having Polish citizenship acquires this citizenship if the full adoption took place before the age of 16. In this case, it is assumed that the minor foreigner acquired Polish citizenship on the day of birth. Such a child acquires Polish citizenship by virtue of the law
Sending:
The President of the Republic of Poland may grant a foreigner, upon his request, Polish citizenship (Article 18 of the Act on Citizenship). The President of the Republic of Poland is not limited in his constitutional powers by any conditions and may grant Polish citizenship to any foreigner.
Granting Polish citizenship to both parents covers children remaining under their parental authority.
Granting Polish citizenship to one of the parents includes a minor remaining under his parental authority, if the other parent does not have parental authority or the other parent made a declaration of consent for the minor to acquire Polish citizenship.
Parents may also apply for Polish citizenship only for a child. It may happen that the child’s parents already have Polish citizenship and the child for some reason did not acquire this citizenship, e.g. the adoption of the child was made before August 15, 2012.
If the child is 16 years of age or older years of age, citizenship is granted only with his consent.
Application for granting Polish citizenship
The application for granting Polish citizenship is filed by persons residing in Poland through the voivode competent for the place of residence of the person concerned, and living abroad – through the competent consul. It is made in person or by correspondence with an officially certified signature.
Documents issued in a foreign language must be submitted together with their translation into Polish, prepared by a sworn translator or by a consul of the Republic of Poland.
A detailed list of documents necessary to submit the application is available on the websites of individual voivodeship offices or consulates of the Republic of Poland in individual countries.
Recognition as a Polish citizen
By way of recognition, Polish citizenship may be applied for by foreigners residing in Poland on the basis of specific permits, who during their long-term legal stay in Poland – integrated with Polish society, – they know the Polish language, – are provided with housing and livelihoods, – respect the Polish legal order and do not pose a threat to the defense or security of the state, especially refugees, persons without citizenship, children and spouses of Polish citizens and persons of Polish origin.
The following are considered a Polish citizen (Article 30 (1) of the Act):
point 1: a foreigner residing continuously in the territory of the Republic of Poland for at least 3 years on the basis of a permit to settle, a long-term resident’s EC residence permit or the right of permanent residence, who has a stable and regular source of income in Poland and a legal title to occupy a residential premises;
point 2: a foreigner residing continuously in Poland for at least 2 years on the basis of a permit to settle, a long-term resident’s EC residence permit or the right of permanent residence, who has been married to a Polish citizen for at least 3 years or has not had any citizenship;
point 3: a foreigner residing continuously on the territory of the Republic of Poland for at least 2 years on the basis of a settlement permit, which he obtained in connection with the refugee status granted in Poland;
point 4: a minor foreigner, one of whose parents is a Polish citizen, residing on the territory of Poland on the basis of a permit to settle, a long-term resident’s EC residence permit or the right of permanent residence, and the other parent who does not have Polish citizenship has consented to this recognition;
point 5: a minor foreigner whose at least one of the parents has been restored Polish citizenship, if the minor resides in Poland on the basis of a permit to settle, a long-term resident’s EC residence permit or the right of permanent residence, and the other parent who does not have Polish citizenship has consented for that recognition;
point 6: a foreigner residing continuously and legally in Poland for at least 10 years, who meets the following conditions jointly, has a permit to settle, a long-term resident’s EC residence permit or the right of permanent residence, and has a stable and regular source of income in the Republic of Poland, and legal title to occupy a dwelling;
point 7: a foreigner residing continuously in Poland for at least one year on the basis of a permanent residence permit, which he obtained in connection with his Polish origin or with the Pole’s Card.
At the same time, paragraph 2 of the provision of Art. 30 requires the foreigner (with the exception of points 4 and 5, i.e. minor children whose one of the parents already has Polish citizenship) applying for recognition as a Polish citizen, that his knowledge of the Polish language be confirmed by an official document (a certificate confirming the knowledge of the Polish language at language proficiency level at least B1 or a school leaving certificate in Poland or a school leaving certificate abroad with Polish as the language of instruction).
Recognition takes place at the request of the person concerned and extends to children recognized with the consent of the other parent, and if the child is over 16, his consent is also required.
A foreigner is refused to be recognized as a Polish citizen if he does not meet the obligatory – above-mentioned – conditions specified in art. 30 sec. 1 or when the acquisition of Polish citizenship by him constitutes a threat to the defense or security of the state or the protection of public safety and order.