| Short Title: | Polish Citizenship Act |
| Legislature: | Parliament of Poland |
| Long Title: | An Act relating to Polish citizenship |
| Enacted By: | Government of Poland |
| Status: | current |
Polish nationality law is based primarily on the principle of jus sanguinis. Children born to at least one Polish parent acquire Polish citizenship irrespective of place of birth. Besides other things, Polish citizenship entitles the person to a Polish passport.
Polish citizenship and nationality law is set out in the Polish Citizenship Act of 2009, which was published on 14 February 2012, and became law in its entirety on 15 August 2012.[1] [2]
Its provisions cover a range of Polish citizenship issues, including dual citizenship; acquisition by law (including birth, grant, recognition, and restoration); loss; status of minors vis-a-vis parents; and various processes and regulations.
A foundling born in Poland acquires Polish citizenship when both parents are unknown, or when their citizenship cannot be established, or if determined to be stateless. Polish citizenship is bestowed upon stateless children over sixteen years of age only with their consent.[3]
Polish citizenship may also be acquired through the final adoption of a minor under the age of 16 by a Polish citizen, and is deemed retroactive to birth.[4]
A child born to a Polish parent is automatically a Polish citizen at birth. It is irrelevant where the child is born. Citizenship can generally be claimed only by descendants of Polish citizens.
However, historically, because the newly independent Poland comprised lands from Germany, Russia, and Austria-Hungary, who became a Polish citizen was unclear. Article 2 of the Polish Citizenship Act of 1920 referred back to the residency laws of these former states, and also "international treaties".[5] Those without a right to Polish citizenship were considered to have only "Polish origins" but not citizenship.[5] Thus, not all ethnic Poles could claim Polish citizenship if they had left Poland before the country became an independent state in 1918. Also, there can be no break in Polish citizenship between the emigrant ancestor and the descendant. If the applicant's ancestor lost Polish citizenship, such as by becoming a citizen of another country before 1951, the descendant did not inherit Polish citizenship through that ancestor. Application for "Confirmation of Possession or Loss of Polish Citizenship" can be made through Polish embassies or consulates abroad.
Under the 2009 law, a foreigner may be naturalized as a Polish citizen in the following ways:
Marriage to a Polish citizen does not constitute a sufficient basis for Polish citizenship. To obtain Polish citizenship, a foreigner must remain married to a Polish citizen for a period of at least 3 years and have stayed in Poland legally and uninterruptedly for at least 2 years under a permanent residence permit, and their knowledge of Polish language must be documented. However, to obtain a permanent residence permit, the foreigner must first obtain a temporary residence permit based on marriage to a Polish citizen.
It is possible to obtain a permit for permanent or temporary residence in Poland, provided that the applicant intends to reside in Poland and not in another country. Polish law does not permit the acquisition of a temporary or permanent residence permit in Poland for an applicant intending on living in a different country.
The President of Poland can grant Polish citizenship on any conditions. The procedure for granting Polish citizenship by the President may take quite a long time, because the provisions of the Administrative Procedure Code do not apply to such cases. This means that even if it is possible to review the case based on the evidence presented by the applicant, it does not have to be considered immediately, as in the case of recognizing a foreigner as a Polish citizen. Individuals applying for citizenship are obliged to substantiate their application and to provide important reasons why they should be granted Polish citizenship.
Special rules exist concerning the acquisition and loss of Polish citizenship before 1962:
Since 1962, Polish law, including the Constitution, has not allowed the government to revoke someone's citizenship. Renunciation of Polish citizenship requires a petition with extensive supporting documentation subject to the approval of the President of Poland.[8] Administrative processing of the petition can take up to several years and the President's decision is final and cannot be appealed in court.
Starting in 1968, the former communist regime initiated an antisemitic campaign that forced out of Poland from 15,000 to 20,000 Polish Jews, who were stripped of their Polish citizenship.[9]
Their Polish passports confiscated, replaced with a travel document that did not allow them to return, and their properties expropriated by the state, the mostly Holocaust survivors and their children emigrated to Israel, the United States, Denmark, Sweden, and elsewhere.
The High Court in Warsaw accepted a petition filed by Baruch-Natan Yagil, who was forced to leave Poland in 1968, and ruled that the Polish government erred in revoking the plaintiff's citizenship, and should restore it, and issue him a Polish passport.
During a 2006 visit to Israel, President Lech Kaczyński promised to restore Polish citizenship. No blanket legislation covering the issue exists, but when applying for the confirmation of their Polish citizenship, these Jews and their offspring will usually get a positive result in the first instance or the second one, in an appeal to the ministry of interior.
Jews and Israelis who were invited to Warsaw to mark the 40th anniversary of Poland's purging of the Jews on 8 March 1968, will be given back their Polish citizenship.
The issue of losing one's citizenship before 1962 is complex, and the different principles of the law governing it are the following:
Polish law does not explicitly allow dual citizenship, but possession of another citizenship is tolerated since there are no penalties for its possession alone.[11] However, penalties exist for exercising foreign citizenship, such as identifying oneself to Polish authorities using a foreign identification document. Serving in a foreign military does not require permission of Polish military authorities, if the person resides in that foreign country and has its citizenship.[12]
Poland treats nationals of other countries whom it considers Polish citizens as if they were solely Polish. Because Polish citizenship is determined by the citizenship of a Polish parent without any explicit limitation for the number of generations elapsed abroad for descendants of Polish emigrants, which may create problems for individuals of Polish descent born abroad who, in spite of having no ties to Poland, are nevertheless subject to all obligations of Polish citizenship, formerly including military service (Poland suspended compulsory military service on December 5, 2008 by the order of the Minister of Defence and compulsory military service was formally abolished when the Polish parliament amended conscription law on January 9, 2009; the law came into effect on February 11). In addition, such individuals are not entitled to consular protection of their home country under Article 36 of the Vienna Convention on Consular Relations. The only exception is when a bilateral consular agreement calls for recognition of the expatriate citizenship, regardless of the allegations of Polish citizenship raised by Poland. Such an agreement was negotiated in the 1972 Consular Convention between the United States and Poland[13] providing that:
"Persons entering the Republic of Poland for temporary visits on the basis of United States passports containing Polish entry visas will, in the period for which temporary visitor status has been accorded (in conformity with the visa's validity), be considered United States citizens by the appropriate Polish authorities for the purpose of ensuring the consular protection provided for in Article 29 of the Convention and the right of departure without further documentation, regardless of whether they may possess the citizenship of the Republic of Poland."However, since Poland abolished visa requirements for United States citizens in 1991, this provision no longer applies.
The problems resulting for members of the Polish diaspora, Polonia, from being treated by Poland solely as Polish citizens are compounded by the difficulty to renounce Polish citizenship (see above).
Poland has been enforcing with varying stringency its claims to citizenship allegiance from descendants of Polish emigrants and from recent refugees from Polish Communism who became naturalized in other countries. Under a particularly strict enforcement policy, named by the Polish expatriate community the "passport trap", citizens of the United States, Canada, and Australia were prevented from leaving Poland until they obtain a Polish passport. The governments of the United States and Canada have issued travel warnings for Poland, still in effect in February 2007, to those "who are or can be claimed as Polish citizens"[14] that they are required to "enter and exit Poland on a Polish passport" and will not be "allowed to leave Poland until a new Polish passport has been obtained".[11]
Travelers to Poland who have Polish ancestors are advised to obtain in writing a statement from a Polish Consulate as to whether or not they will face any obligations in Poland, such as military service, taxation, or the requirement to obtain a Polish passport.
In December 2007, Poland established a Polish Charter which can grant some rights of Polish citizenship to people of Polish descent who do not have Polish citizenship and who reside in ex-USSR.[15]
Because Poland forms part of the European Union, Polish citizens are also citizens of the European Union under European Union law and thus enjoy rights of free movement and have the right to vote in elections for the European Parliament.[16] When in a non-EU country where there is no Polish embassy, Polish citizens have the right to get consular protection from the embassy of any other EU country present in that country.[17] [18] Polish citizens can live and work in any country within the EU as a result of the right of free movement and residence granted in Article 21 of the EU Treaty.[19]
See main article: Visa requirements for Polish citizens.
Visa requirements for Polish citizens are administrative entry restrictions by the authorities of other states placed on citizens of Poland. In 2024, Polish citizens had visa-free or visa-on-arrival access to 189 countries and territories, ranking the Polish passport 7th in the world according to the Henley Passport Index.[20]
In 2017, the Polish nationality is ranked twentieth in Nationality Index (QNI). This index differs from the Visa Restrictions Index, which focuses on external factors including travel freedom. The QNI considers, in addition, to travel freedom on internal factors such as peace & stability, economic strength, and human development as well.[21]