Forum Immigration Poland - Polska


Community of expats Immigration Poland - Polska: share your experience on expatriation, get local information.

  Register  -  Login  -  FAQ

  Advanced search  - Search the whole website

 User's Charter

Language:
Stay connected

Polish Citizenship Eligibility through Polish Ancestry

Forum Some of the topics covered are: Polish citizenship confirmation application process (documents to submit, translation requirements, wait times), Polish citizenship laws Acts 1920, 1951 & 1962, Polish citizenship confirmation eligibility, Proving Polish citizenship documentation and evidence, Getting your Polish passport/PESEL after you have a positive confirmation and Polish citizenship confirmation lawyers.: Some of the topics covered are: Polish citizenship confirmation application process (documents to submit, translation requirements, wait times), Polish citizenship laws Acts 1920, 1951 & 1962, Polish citizenship confirmation eligibility, Proving Polish citizenship documentation and evidence, Getting your Polish passport/PESEL after you have a positive confirmation and Polish citizenship confirmation lawyers.

Polish Citizenship Eligibility through Polish Ancestry

Postby Harjeet » Mon Mar 30, 2009 6:35 pm

Are you eligible for Polish Citizenship through your Ancestors?

Figuring out my Polish Citizenship eligibility was a hassle. I often received incomplete or incorrect information from my consulate, and I spent way too hours trying to figure out the correct rules. Hopefully, this post will make it easier for others.

General Information About Polish Citizenship Eligibility
To determine if you are eligible for Polish Citizenship Confirmation you must first understand the basics that govern Polish Citizenship. First of all, Polish Citizenship is passed through blood line (Jus Sanguinis), NOT place of birth (Jus Soli). For example, just being born in the territory of Poland does not make you a citizen, however having ancestors that were Polish might give you the right to citizenship.

Secondly, your Polish blood line must be unbroken from your Polish ancestor to you. In other words, each ancestor must have been Polish in order to pass it to the younger generation. If one of your ancestors had/have lost their Polish citizenship then the blood line is broken and you did not inherit citizenship. An example of a broken blood line: great-grandfather (Polish citizen) > grandfather (lost Polish citizenship) > father (not Polish) > you (not Polish). There are three Polish Citizenship Acts (1920, 1951 & 1962) that will determine if your ancestor was/is Polish and able to transfer citizenship or if they had/have lost their citizenship.

What information/dates will I need to collect in order to determine my eligibility?
You will need the birth dates of you and all your ancestors beginning with the first person that emigrated from Poland, information on any foreign citizenships accepted by you and your ancestors (including date these citizenships were issued) and information on military service in any foreign (non-Polish) military army of you and your Polish ancestors.

If your ancestor emigrated from Poland before 1918, then your ancestor was NOT Polish. Your ancestor had to be living in Poland at the time when the Second Polish Republic was created in 1918.

If your ancestor left Poland after 1918 you will need to navigate through the Polish Citizenship Acts of 1920, 1951 and 1962 and determine your eligibility.


Polish Citizenship Act of 1920 (Full 1920 Act)
Applies in cases when an ancestor was born when this Act was in force or if a person was born before 1918, when the independent country of Poland was formed.

Example (NOT Polish): Grandfather was born 1890 and emigrated to the US in 1915 and had two children. Grandfather was NOT Polish because he left Poland before 1918, therefore he could NOT transfer Polish citizenship because he himself was not Polish.

Example (Polish): Grandfather was born 1902, in an area that would become Poland, emigrated to the US in 1923 and had two children. Grandfather was Polish when he left and had the ability to transfer citizenship, provided he did not break any other 1920 rules.

Important rules of the Act 1920 (in force 1920 to 1951)
Regarding Birth:
1. Child acquires Polish citizenship from his father and only a child of an unwed mother will acquire Polish citizenship from a mother.
Example: Grandmother a Polish citizen emigrated to the US in 1927 and married Grandfather, an American, in 1929 and had a child. The child would not be Polish because Grandfather was NOT Polish and Grandmother was married between 1920 and 1951.

Regarding Loss of Nationality:
1. A Polish citizen loses his/her Polish nationality, if he/she obtains foreign citizenship. There is a special exception to this rule for men. Men aged 18-50 were eligible for active military service and could only acquire foreign nationality after obtaining permission from the Minister of Military Affairs. Men who did not obtain permission are still considered Polish citizens by the Polish Government.
Example: Polish grandfather emigrated to the US in 1935, got married, received his US citizenship in 1944 and had a child. Polish grandfather did NOT receive permission from Poland to gain US citizenship, therefore in the eyes of the Polish State he is still a Polish citizen and therefore his child is as well.

2. A Polish citizen loses his/her Polish nationality, if he/she accepts public office or joins the army in a foreign country without prior approval of the Polish Government.
Example: Polish grandfather emigrated to Australia in 1930, joined the Australian military, got married and had a child. Polish grandfather willingly accepted a position in a foreign military and therefore lost his Polish citizenship. Since grandfather lost his citizenship his child will not inherit Polish citizenship.

Polish Citizenship Act of 1951 (Full 1951 Act)
Applies in cases when the applicant or his ancestors were born or the emigrated between 1951 and 1962.

Important rules of the Act 1951 (in force 1951 to 1962)
Regarding Birth:
1. Child acquires Polish citizenship if at least one parent (father or mother) is a Polish citizen.
Example: A Polish woman marries an American man in 1952 and has a child in 1955. The child would be Polish because the mother was Polish at the time of birth.

Regarding Loss of Nationality:
1. A person “is not a Polish citizen, even though he/she had Polish citizenship on the 31 of August 1939, but he/she resides permanently outside Poland and, if due to the change of Polish borders he/she obtained foreign nationality in accordance with the international agreements, or if a person is of Russian, Belarusian, Ukrainian, Lithuanian, Latvian and Estonian nationality or, if a person is of German nationality (unless the spouse of such a person has Polish citizenship and resides in Poland).

2. This rule largely deals with the end of WWII, Soviet Poland border changes in 1947 and the mass resettlement of ethnic groups. Territory that was Polish between WWI and WWII became territories of the Ukraine, Belarus, Latvia etc.
Example: Vilnius (Wilno), the capital of Lithuania, was Polish territory between WWI and WWII. When the borders changed it was returned to Lithuania. Most people in this city would be considered Lithuanian nationality and according to international agreements were giving citizenship to Lithuania. At this point they were no longer considered Polish.

Polish Citizenship Act of 1962 (Full 1962 Act)
Applies in cases when the applicant or his ancestors were born in 1962 and after.

Important rules of the Act 1962 (in force 1962 to current)
Regarding Birth:
1. Child acquires Polish citizenship if at least one parent is a Polish citizen.

Regarding Loss of Nationality:
1. A Polish citizen would not lose his/her citizenship unless he/she voluntarily formally renounced it. The Constitution prohibits an involuntary loss of Polish citizenship.


FAQ

1. My mother was Polish. My sibling did not qualify for Polish Citizenship but I do. Is this possible?
This is very possible because of the Polish Citizenship 1920 & 1951 Acts. According to the 1920 Act, in force 1920-1951, only a father could transfer citizenship to a married couples’ child. If your sibling was born before 1951 and you afterwards, then you would be entitled to Polish citizenship while they would not.

2. Does Poland allow dual citizenship?
Poland will not recognize you as a dual citizen, however it does not punish you for have multiple citizenships. Therefore, if you have both Polish & American citizenship, in the eyes of Polish authorities you are solely a Polish Citizen. Due to the fact you are viewed solely as a Polish citizen you must enter and leave Poland using your Polish passport.

3. According to the Citizenship Act of 1920 did all Polish women lose their citizenship when they married a foreign man?
All Polish women did not lose their citizenship upon marriage to a foreign man. A Polish woman only lost her Polish citizenship when marriage to the foreign man automatically gave her to his citizenship.

Example: A Polish woman emigrates to Canada in 1945 and marries a Canadian man in 1947. At the time of marriage she is still Polish because in Canada marriage does not automatically entitle a woman to citizenship.
Example 2: A Polish woman emigrates to Austria in 1945 and marries an Austrian man in 1947. At the time of marriage she is not Polish because in Austria marriage automatically made a foreign woman Austrian.


4. I am eligible for Polish Citizenship through ancestry. What do I do now?
Eligible citizens must "confirm" their Polish Citizenship, not "apply" for citizenship. Application for citizenship is for non-citizens trying to gain citizenship, while you are already a citizen of Poland you just need to have the Polish Government recognize your citizenship. If you want more detail on the confirmation process, then it is best to check out/call the Polish Embassy/Consulate in your country. If you want an idea of what the general process is, then check out one of the countries below, as your country will have a similar process.
Polish Embassy New York
Polish Embassy Sydney
Polish Embassy Ottawa

5. What documents can I submit to support my confirmation of Polish Citizenship claim?
These documents will all help support your claim. Some documents are better than others. For example an old Polish Passport is a great document. While birth certificates alone are not very useful because citizenship is granted by blood not where you were born. Remember that all documents must be either Polish or translated into Polish. All translated documents must be certified by a consul (an official representatives of the government).
-birth certificate(s),
-baptism certificate(s)*,
-marriage certificate(s),
-death certificate(s),
-court order(s) (for example regarding name change),
-copies of the passports,
-copies of other forms of identification,
-naturalization document(s),
-census documents,
-military documents;
-other.

*Latin baptism certificates do not need to be translated into Polish.

Harjeet
Silver Member
Silver Member
 
Posts: 75
Joined: Fri Apr 11, 2008 2:59 pm
Nationality: Canada (ca)
Gender: Male
Living in: Canada
Languages: English

Re: Polish Citizenship Eligibility through Polish Ancestry

Postby marron » Mon May 03, 2010 5:34 pm

Thank you for a very clear summary of the laws. For many years I thought I was NOT Polish due to misinformation I received. You explain very clearly that different laws applied during different periods, and whether birth results in gaining citizenship, or foreign naturalization results in loss, depends on when the event occurred.

marron
Frequent Traveler
Frequent Traveler
 
Posts: 41
Joined: Thu Mar 05, 2009 4:22 pm
Nationality: Poland (pl)
Gender: None specified
Living in: Poland
Languages: English, Polski

Re: Polish Citizenship Eligibility through Polish Ancestry

Postby maus1 » Thu May 12, 2011 1:30 am

Great explanation!!!

Two questions that I am not sure about:
My grandmother left Poland to go to Mexico in 1923, married my grandfather a Russian in 1926. He became a mexican citizen in 1931. I have her passport from Poland. Did she lose her citizenship by marrying a russian/mexican?

The other possibility is that my other grandfather who was born in Poland in 1900, went to Mexico in 1926 and at some point became a Mexican citizen (between 1926 and 1940). The problem is that I have NO papers at all from Poland, only papers from Mexico stating he was born in Poland. Where would I get some proof that he was Polish? I know where he was born in Poland and the approximate date.
Last edited by maus1 on Thu May 12, 2011 10:44 pm, edited 1 time in total.

maus1
Newbie
Newbie
 
Posts: 1
Joined: Thu May 12, 2011 1:05 am
Nationality: United States (us)
Gender: Male
Living in: Usa
Languages: spanish, english, french

Re: Polish Citizenship Eligibility through Polish Ancestry

Postby jp20486 » Thu May 12, 2011 7:40 pm

Good day everyone. I would like to know if I qualify for Polish citizenship through ancestry?

My grandfather, aswell as both of his parents (my great-grandparents) were all born in Poland & they came to South Africa around the 1920's - 1930's.

My grandfather became a South African citizen on 14 October 1947, while my great grandmother became South African on 1 November 1951 & my greatgarndfather became a South African on 14 August 1951. None of them ever renounced their Polish citizenship, nor did they ever serve in the South African army, or hold public office.

Am I still eligible for Polish citizenship even if my grandfather accepted foreign citizenship before 1951, while my great grandparents became citizen of South Africa in1951, as I see that new laws were in place then (Polish Citizenship Act of 1951)?

Thank you
Joel

jp20486
Newbie
Newbie
 
Posts: 1
Joined: Thu May 12, 2011 7:33 pm
Nationality: South Africa (za)
Gender: Male
Living in: South Africa
Languages: English

Re: Polish Citizenship Eligibility through Polish Ancestry

Postby wlad09 » Tue Jun 26, 2012 10:52 pm

My grandfather was born in1908 in Austro-Hungary Kingdom. In 1918 it became a Rzech-Pospolita (Poland).He served in Polish army in 1928yy.In 1939 that territory were occupited by USSR.My grandfather emmigrated to Canada during the II World War.My father was born in 1943.Is my father or me elligibile to Polish citizenship?

wlad09
Newbie
Newbie
 
Posts: 1
Joined: Tue Jun 26, 2012 10:14 pm
Nationality: Ukraine (ua)
Gender: Male
Living in: Ukraine
Languages: English

Re: Polish Citizenship Eligibility through Polish Ancestry

Postby waitingpeace » Sun Mar 16, 2014 7:54 am

I want to thank-you for clearing up what was of great interest.

I have been searching online for records, and researching my Y-DNA.

My ancestors did immigrate into the U.S. in time frames that you specifically noted.

This is just another bend in the river... trying to figure this all out.

Thanks for clearing this up... sorry to say bye to any Polish heritage I might have had.

Sad to see the history of Poland...

My best to all.

Pray for the Peace of Jerusalem;

Mike D. waitingpeace@hotmail.com

waitingpeace
Newbie
Newbie
 
Posts: 1
Joined: Sun Mar 16, 2014 7:47 am
City: Brownwood
Nationality: Russia (ru)
Gender: Male
Living in: Usa
Languages: English

Re: Polish Citizenship Eligibility through Polish Ancestry

Postby pandavanda » Tue Nov 25, 2014 9:19 pm

Thank you for the very informative post. You've answered my questions. My husband's great grandparents arrived in 1914 so they weren't technically "Polish". Maybe someday Poland will change the laws-they are missing out on thousands of Americans whose ancestors arrived before 1920.

pandavanda
Newbie
Newbie
 
Posts: 1
Joined: Tue Nov 25, 2014 8:51 pm
Nationality: United States (us)
Gender: Female
Living in: Usa
Languages: English


 


  • Related topics
    Last post

Who is online

Users browsing this forum: No registered users and 1 guest

Recommended Service Partners

Find flatmates
Find flatmates
Discover all EasyRoommate offers, search for a flatshare, advertise a room: go through the ads and enter your profile.
International Movers
International Movers
Compare up to six quotes from our network of moving companies that can help you plan your international move.
Hotels
Hotels
You will get discount hotel rates, last-minute deals, hot deals, special offers, with a real-time reservation and on-line booking.
Expatriate health insurance
Expatriate health insurance
Apply online for free quotes on repatriation assistance and expatriate and foreign health insurance.
Hostels and budget accommodation
Hostels and budget accommodation
Find a selection of youth, independent and backpacker hostels worldwide on our page.