Polish Nationality Law - Citizenship By Naturalisation

Citizenship By Naturalisation

As of 15 August 2012, the Polish President may grant Polish citizenship to any foreigner, regardless of how long they have stayed in Poland. The new law will permit the President to grant citizenship who have lived in Poland for less than 5 years, or have not even lived there at all. This new law also moves away from renouncing foreign citizenship to apply for Polish citizenship.

As of 15 August, there has been a change in the rules under which a government official will consider a foreigner as a Polish citizen. Before 15 August, the governor only acknowledged citizenship to those with undetermined citizenship of foreigners and stateless persons residing in Poland for at least five years, on the basis of a permanent residence permit. The new act will extend the recognition of citizenship to all foreigners who: reside in Poland for at least 3 years on the basis of a permanent residence permit, have a regular income and legal title to the apartment, and also know the Polish language. A language test may be administered to check for linguistic fluency.

The new law maintains two principles: the continuity, and the exclusivity of Polish citizenship. The first principle is that those who acquired Polish citizenship under the previous rules (before August 15), keep it. People who have been granted Polish citizenship on the basis of the previous rules, will keep them, provided that in the meantime, they do not lose them.

The Act has also been confirmed by the exclusivity of Polish citizenship. It means that a Polish citizen at the same time may have Polish citizenship and citizenship of another country. The new law on citizenship means that a person applying for the grant Polish citizenship renounced his citizenship.

Polish Citizenship Act also sets out ways of acquiring Polish citizenship: by law, i.e. by birth, finding the territory of Poland, adoption and repatriation, by granting the Polish citizenship, the recognition of a Polish citizen and the restoration of Polish citizenship.

The new law regulates different mode than previously recognized as a Polish citizen. Up to 15 August, a Polish citizen can only apply if they were a stateless person, a spouse of a Polish citizen or from Polish-blood descent. As of 15 August, Polish citizenship may apply to any foreigner who resides in Poland long-term, integrates into the society, know the Polish language, have housing, respect Polish law and does not pose as a threat to the national security. Polish citizenship can also be acquired on the basis of specific authorization, refugees, stateless persons, children and spouses of Polish citizens and persons of Polish origin. Also new, is the introduction of a standard form certificate for the recognition as a Polish citizen, granted by the Minister of Interior. The decision on the recognition of a foreigner as a Polish citizen will depend on the government. Furthermore, foreigners unhappy with the decision may appeal to the Minister of Interior.

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