Polish Citizenship For Foreigners – What You Need to Know?

The Polish passport is a very valuable document that many foreigners dream of having. So if you want to obtain Polish citizenship, have lost it and want to regain it, or maybe you just need official confirmation of your Polish passport, then the following article is definitely for you.

What’s more, as of 15 August 2023, it may definitely be easier to obtain a Polish passport. Why? Well, a new law has come into force under which the president will be able to grant Polish citizenship regardless of whether and how long the foreigner has been staying in Poland. Until now, the President could do so only in particularly justified cases and this concerned persons who had resided in Poland for less than 5 years.

As of 15 August, the rules under which a provincial governor may recognize a foreigner as a Polish citizen have also changed. All foreigners who have resided in Poland for at least three years on the basis of a permanent residence permit, have a regular income and a legal title to reside will be entitled to such recognition. In addition, they must, of course, know the Polish language. Until now, only foreigners of undetermined citizenship and stateless persons who have resided in Poland for at least five years on the basis of a permanent residence permit could be recognized as Polish citizens by a voivode.

Who absolutely has Polish citizenship?

Although many of us do not know it, in many cases we do not actually need to apply for Polish citizenship, as we simply have it. According to the provisions of the Constitution of the Republic of Poland and the Act on Polish Citizenship, Polish citizenship is acquired by birth from parents who are Polish citizens. Consequently, the law of blood applies in Poland, and in Article 14 of the Act on Polish Citizenship, we can read that a minor acquires Polish citizenship by birth if at least one parent is a Polish citizen. Therefore, even if a Polish citizen has a child with a citizen of another nationality, that child will absolutely also have Polish citizenship.

In addition, there are two other situations in which children absolutely acquire Polish citizenship by operation of law. These include:

The birth or finding of a child in Poland

The principle of territory (Ius soli) applies here. It states that if a child is born or found on the territory of Poland, and both parents are unknown or of undetermined citizenship, then pursuant to Article 14(2) and Article 15 of the Act on Polish Citizenship, the child acquires Polish citizenship.

Adoption

Adoption, i.e. full adoption of a child by a person or persons having Polish citizenship. In such a situation, the child also receives Polish citizenship. It should be borne in mind, however, that full adoption is only referred to in a situation where the child has not yet attained the age of 16.

How else may a foreigner acquire Polish citizenship?

Polish citizenship may be acquired at birth, but also by being granted it by the President of the Republic of Poland. Therefore, we will mention below such possibilities in which we can apply for a Polish passport.

Grant by the President of the Republic of Poland

Pursuant to Article 18 of the Act on Polish Citizenship, the President of the Republic of Poland has the right to grant Polish citizenship to a foreigner upon their application. This procedure obviously requires the foreigner to submit an application to the voivode (voivodship office) competent for his/her place of residence or to a consul if the foreigner resides abroad. The President of the Republic of Poland is not constrained by any deadlines, although the wait for a decision currently lasts even more than a year.

Recognition as a Polish citizen

In order for a foreigner to be recognized as a Polish citizen, they must meet one of the following conditions:

• Be legally residing in Poland for at least 3 years with a permanent residence permit, a residence permit for a long-term resident of the European Union or the right of permanent residence. They must also have stable sources of income and the right to housing.
• Be continuously and legally residing in Poland for at least 2 years with a permanent residence permit, a long-term EU resident’s residence permit or the right of permanent residence, and be married to a Polish citizen or have no citizenship.
• To have resided continuously and legally in Poland for at least 2 years with a permit, obtained as a refugee.
• Be a minor and reside legally in Poland with a permanent residence permit, a residence permit for a long-term resident of the European Union or a permanent residence permit, with one parent having Polish citizenship. The other parent in turn must agree to recognise the child as a Polish citizen.
• Be a minor and reside legally in Poland with a permanent residence permit, a residence permit for a long-term European Union resident or the right of permanent residence, with one parent having restored Polish citizenship and the other parent having agreed to recognise the child as a Polish citizen.
• To reside continuously and legally in Poland for at least one year with a permanent residence permit obtained in connection with Polish ancestry or the Card of the Pole.

It is also worth noting that in order to obtain Polish citizenship, it is required to have language skills of at least B1 level and to have a document confirming such skills. The application for recognition as a Polish citizen, as we have already mentioned, should be submitted to the voivode competent for the place of residence. However, if you are still not sure whether you can apply for a Polish passport, we encourage you to visit https://fivetoeurope.com/polish-citizenship-confirmation/, which should dispel any doubts and give you an answer.