Sometimes, despite having family ties with Poland, they are insufficient to confirm or restore a Polish citizenship. The reasons for this are a lack of documents often connected with their previous damage during warfare, a loss of citizenship in the kinship line or a renunciation of Polish citizenship. The solution may then be the granting of Polish citizenship by the President of the Republic of Poland, as long as the circumstances and family history of the applicant support it.
The Act of 2 April 2009 on Polish Citizenship besides institutions such as the acquisition of Polish citizenship by operation of law, the recognition as a Polish citizen, the confirmation of Polish citizenship or the restoration of Polish citizenship, also provides for the possibility of granting a Polish citizenship by the President of the Republic of Poland.
A foreigner applying for the granting of Polish citizenship by the President of the Republic of Poland is obliged to submit an application depending on where he/she lives:
- if residing within the territory of the Republic, through the competent voivode for the place of residence,
- in case of residence outside the territory of the Republic of Poland, through the competent Consul of the Republic of Poland with respect to the place of residence.
One of the formal conditions for the submission of an application for the granting of Polish citizenship by the President of the Republic of Poland is the submission of an up-to-date Polish birth certificate and marriage certificate along with the application, which implies the prior need to carry out the procedure for the transcription of a foreign certificate of personal status into the Polish marital status register if such a procedure has not been carried out.
A foreigner applying for citizenship is obliged to justify his/her application and thus to present a substantial ground for the granting of Polish citizenship; furthermore, the circumstances referred to in the application must be supported by relevant documents.
Our role is to assist you in taking the most appropriate path in the argumentation and granting of Polish citizenship by the President of the Republic of Poland. In particular, we advise our clients on the best directions in which they should seek to justify their application. In view of our several years of experience in cases involving the acquisition of Polish citizenship, we are in a position to determine the most effective paths for our clients in obtaining the relevant documents. To this end, we carry out genealogical searches as well as archive queries and complete the application according to the statutory requirements.
At the same time, it should be borne in mind that the procedure for the granting of citizenship by the President is not subject to the provisions of the Code of Administrative Procedure, with the exception of the provisions concerning service. This means that the decisions of the President of the Republic of Poland in matters of the granting of Polish citizenship are discretionary in nature, do not require justification and are not subject to appeal.
Apl. Adw. Aleksandra Zakrzewska
Attorney at Law licensed in Poland.. Specializes in obtaining and confirming polish citizenship, civil process, and US immigration law.
Jarosław Kurpiejewski, Esq. LLM
Senior Associate in Ilasz & Associates Law Firm in New York. Specializes in private international law, civil litigation and immigration law.
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