In one of our previous articles, we discussed the procedure for confirming possession of Polish citizenship by individuals whose ancestors (parents or grandparents) emigrated from Poland during the interwar period or after the end of the II World War. We explained that under the Polish Citizenship Act of January 8, 1951, which entered into force on January 19, 1951, the acquisition of citizenship of another state (naturalization) generally did not result in the loss of Polish citizenship. What, however, is the legal position when the ancestor of the person concerned acquired foreign citizenship before that date?
Research into Polish ancestry conducted by descendants of emigrants may often lead to the conclusion that their ancestors lost Polish citizenship as a result of acquiring the citizenship of a foreign state prior to the aforementioned date.
However, this does not mean that the possibility of obtaining Polish citizenship and consequently a Polish passport is definitively excluded.
In certain cases, it is possible to initiate proceedings for the restoration of Polish citizenship, and if such restoration concerns an ancestor of the interested person, subsequently to confirm that the person in question possess Polish citizenship.
Loss of Polish citizenship upon acquisition of foreign citizenship
Pursuant to Article 11 of the Act of January 20, 1920 on the Citizenship of the Polish State, Polish citizenship was lost:
- through the acquisition of foreign citizenship;
- through acceptance of a public office or enlistment in military service (where this included not only active service, but also formal registration in the reserve forces) in a foreign state without the consent of the Polish Government.
However, the rule set out in Article 11 (1) of the 1920 Act was subject to an important exception. Individuals liable for compulsory military service could acquire foreign citizenship only after obtaining permission from the Minister of Military Affairs, as of 1933 after obtaining a formal exemption from universal military service. In the absence of such permission or exemption, by the Polish State they were still considered Polish citizens. Accordingly, when a Polish citizen, subject to compulsory military service, acquired foreign citizenship but did not accept a public office or enter military service in that foreign state, he did not lose Polish citizenship. Since military service obligations applied to men, any children born to him after his marriage would acquire Polish citizenship through descent from their father. In such case, the appropriate procedure would be the confirmation of possession of Polish citizenship, as discussed in our previous article: LINK.
However, if the above exception did not apply, the acquisition of foreign citizenship prior to January 19, 1951 resulted in the loss of Polish citizenship.
Moreover, pursuant to Article 13 of the aforementioned Act, the loss of Polish citizenship extended to the wife of the man losing Polish citizenship, as well as to his children under the age of 18.
Is it possible to restore Polish citizenship?
In such cases, if certain conditions are met, it is possible to submit an application for the restoration of Polish citizenship.
Pursuant to Article 38 (1) of the currently applicable Act of April 2, 2009 on Polish Citizenship, a foreign national who lost Polish citizenship prior to January 1, 1999, including, inter alia, on the basis of Articles 11 or 13 of the Act of January 20, 1920 on the Citizenship of the Polish State, shall have their Polish citizenship restored upon application.
However, due to the passage of time, it often happens that the ancestor who lost Polish citizenship is no longer alive. In such case, an application for the restoration of Polish citizenship may be submitted by a descendant, provided that they demonstrate a legal interest. The applicant will have a legal interest in the restoration of their ancestor’s Polish citizenship if this is necessary to enable them to seek confirmation of their own possession of Polish citizenship.
In the application, it will be necessary to demonstrate possession of Polish citizenship prior to the acquisition of foreign citizenship. It should be noted that Polish citizenship was held not only by persons born within the territory of the Second Republic of Poland, but also by those born before the restoration of independence, who were residing in areas previously belonging to the partitioning powers and later incorporated into the Polish State. The detailed rules determining who was entitled to Polish citizenship in such cases were set out in the 1920 Act. However, in certain situations it is also necessary to refer to peace treaties concluded after the I World War. We will discuss these issues in greater detail in one of our forthcoming articles.
Formal requirements
Polish citizenship is restored by the Minister competent for internal affairs through an administrative decision, in the case of persons residing outside the Republic of Poland, the intermediation of a consul is mandatory.
The administrative fee for an application for restoration of Polish citizenship amounts to PLN 1000, while the fee for consular intermediation in cases involving persons residing abroad is EUR 50. An additional PLN 17 is payable for each granted power of attorney.
The application must be submitted using the official form, exclusively in the Polish language. It should be accompanied by a document confirming the applicant’s identity and citizenship, documents confirming any changes of first name or surname (if applicable), as well as any available documents evidencing the loss of Polish citizenship and a photograph of the applicant.
Accordingly, the application should include both documentation confirming the acquisition of foreign citizenship and documents proving prior possession of Polish citizenship by the applicant or their ancestor. Such documents should primarily be sought in state archives competent for the relevant family history in question. It is also advisable to review parish registers and records of religious or communal administrative units.
Copies of both Polish and foreign documents must be certified as true copies by a consul. Moreover, all documents drafted in foreign language must be translated into Polish by a sworn translator or by a consul. In addition, documents issued outside the European Union should bear an apostille clause – in the case of countries being parties to the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents of October 5, 1961, or be legalised by a Polish consul – in the case of other countries.
Descendants of a person whose Polish citizenship has been restored may subsequently apply for confirmation of possession of Polish citizenship in accordance with the procedure described in our previous article: LINK.