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✎ EN Polish Citizenship [part2]

Discussion in 'Immigration Poland - Polska' started by d7, Aug 15, 2007.

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  1. alyehoud

    alyehoud Addicted member

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    My application didn't ask that; in fact it barely asked any questions of me. My address, where I lived in Poland, and a few other very generic questions.

    On another note, I know that the Polish government (either the President or PM) recently agreed to allow Jews who lost citizenship by moving to Israel in the 50's (forget the dates exactly) to regain citizenship regardless of the law of the time stating that they will lose it. There the parliament was against it. Not sure what came of it, but this was only maybe 3 or 4 months ago if I recall correctly. May want to check that...
     
  2. DMOesq

    DMOesq Member

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    I know of the recent decision regarding Jews who had to leave in 1968 and I know of the special provision for Polish citizens who emigrated to Israel from 1958-1984. However, these do not appear to be applicable to my family's situation. Is there something else that happened recently? I can't seem to find anything through searches.

    Don
     
  3. alyehoud

    alyehoud Addicted member

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    My apologies, I mixed up two different things - the 1958 to 1984 provision and a new thing where the Polish President on a trip to Israel for it's 60th anniversary gave citizenship back to some Jews who lost it for leaving prior to that. Not sure if it was a one time thing, or a new precedent, but it happened. The President of Poland has the power to grant citizenship, from what I've read. It may be worth looking into a little more, but chances aren't good for this.

    Best thing I can advise is to really try to find a passport, even grandparents. If not, you'll have to try with both your mother's and your grandparent's birth certificates and ideally Polish marriage certificate. Check back in previous posts (and see Part 1 of this thread) to see if anyone else has used only birth certificates and been successful.
     
  4. polskiarg

    polskiarg Addicted member

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    My father didn't present his passport but it was enaugh a document from the police, which had the translation of my grandmother's passport with all the information in it (ie. passport number, visas name of my father and my grand father etc.)

    As of what you said previously about the questions they ask on where you've been since you left poland, my father had to answer all the countries of residence from the day he left poland until he arrived in Argentina . Those questions are applicable to persons that emigrated between 1920 and 1951.
    Obviously neither you nor me had to answer those questions because we were born after 1951.

    In any case I would avoid telling them that they lived in Israel.
     
  5. Taroula

    Taroula New Member

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    Recommendations for lawyers

    Can anyone please recommend a lawyer that they have used to apply for/obtain confirmation of Polish citizenship?

    I have seen a handful of sites of lawyers that claim to be experts in this area (such as Krzysztof Banek, Lukasz Piotrowski, Piotr Staczek, etc) and I am simply wondering if anyone has any experience with any of these lawyers? Or has anyone used a lawyer that they have been partiuclarly happy with whose contact details they would be willing to share?

    Many thanks!
     
  6. curiousgeorge

    curiousgeorge Addicted member

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    In case anyone is reading this and gets confused with the reference of the laws, here is summary of the law which was mentioned:


    Special provisions for Polish citizens who immigrated to Israel from 1958 to 1984:
    Pursuant provisions of Act of January 23 1958, Polish citizens lost their nationality if:
    - They submitted an application for changing their Polish citizenship into Israeli citizenship and were issued emigration travel documents to Israel
    - Entered Israel to reside in the country and became Israeli citizens. Those persons and their descendants can regain Polish nationality by applying for Polish citizenship at the nearest Polish consulate.
     
  7. Harjeet

    Harjeet Well-Known Member

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    We submitted all our paper work Feb 2008, however now I have a few questions, merely because it is burning my brain.

    1920-1951 women lost their citizenship through marriage to a foreign citizen?

    I swear I have read this, but now I have not been able to find this rule at any consulate site and in all the documentation I have rechecked.

    Did I misread something? Is this marriage rule somewhat ignored by Poland? Are most documents online not accurate?


    For those who are applying for their Polish Citizen Confirmation, waiting for a result is the worst part of the experience!
     
  8. DMOesq

    DMOesq Member

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    Alyehoud:

    My error. I should note that my mother and grandfather were naturalized in Israel in the mid-1950s. As such, it says "Israeli" as the former nationality on their U.S. Naturalization papers. I think (not sure) my grandfather served in the IDF reserve as a firefighter (Is this inactive?). Are these problems? My understanding was that as long as my grandfather was determined to be a Polish citizen at the time my mother was born (1946), she was Polish. And, as long as she did not acquire another citizenship before 1951 (When the law changed), she was still a Polish citizen and could not lose it unless she requested to lose it. Am I wrong about this?

    Don
     
  9. alyehoud

    alyehoud Addicted member

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    Please keep in mind I am not a professional, but I did stay at a holiday inn last night. Just kidding, but I am, as are most of us, speaking to you from personal experience and general knowledge of the subject. Nevertheless, I don't see any further disqualifying issues, but you will have to spend extra time now with extra documents and government agencies. Now I have some questions for you to help direct you a little more...

    1. Was your mother 17+ at the time of her emigration? If so, she was likely in the military. This is technically disqualifying for both your mom and grandfather, but Israel knows what sacrifices it's citizens make in terms of their other citizenships. In your case, the more documentation the better since it's sort of "iffy" with no official proof of citizenship for your ancestor(s).

    2. Continuation of #1 - do you speak Hebrew? If so, מצוין as you'll need to find and contact the Army, for a letter stating mother DID NOT serve in the IDF (if she didn't leave before military age, because yes they are aware). They will do this for you. May want to get it for grandpa too, just for good measure and in case they request something along those lines; won't be any more hassle. (As far as I know, being a firefighter in Israel, even then, was "national service" and not part of military duty (i.e. military service). Kind of like today, woman are allowed to choose military or national service. The latter is more like volunteering. In your grandfather's case, though, he probably was in fact a soldier at some point in time, as is required.) If you don't speak Hebrew, learn it (and Polish if/when you're become a citizen :)), and then also have someone call the Army for you. Still got family there? They'd be a huge help, I'm sure.

    So back to your post, in a nutshell, yes, as long as your mother became a citizen and did not do anything to lose it, or it can be "shown" she didn't i.e. letters stating thus for IDF), it's all good.

    Since you said no marriages or anything took place in Israel, I guess that's all you'll need to document, along with maybe immigration/emigration documents?


    Edit: Being as your case is slightly complicated, you may want to consider speaking to an attorney and getting their advice before proceeding. One mentioned here before, I Charsky in Tel Aviv obviously can help with all of your issues, including the Israeli documents. Probably cost 800-1500 dollars, though.
     
  10. DMOesq

    DMOesq Member

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    Alyehoud:

    I AM a professional, but I didn't sleep in a Holiday Inn last night! I am also smart enough to know that a good lawyer is indispensible when dealing with issues such as this and intend to speak to I. Charsky. I am just feeling this out now so I do not waste time and money if it is a definate "No".

    With regard to my mother, she was born in Poland in 1946. Thus, she was a minor when they left Poland and arrived in Israel. No IDF service at all, so no issue. With my grandfather, any service which occurred (whether military or national service) most likely did not occur until after January 16, 1951.

    As to my statement that they naturalized in Israel in the mid-50s, my assumption as to their acquiring citizenship is based upon my understanding that the Law of Return only granted Jews the right to immigrate and that it is the 1952 Law of Nationality granted citizenship (based upon the law of return)? Thus, on January 17, 1951, they were still Polish citizens. However, my next question is, since the Law of Nationality granted citizenship retroactively to those who immigrated into Israel in 1950 under the Law of Return, would that be considered getting foreign citizenship prior to the January 16, 1951 under the 1920-1951 Polish Citizenship law? Thus, causing a loss of citizenship.

    Isn't this fun! I have a headache!

    Finally, my hebrew borders on horrible to non-existent (My Bar-Mitzvah was more than 25 years ago!). However, I do have many family freinds in Israel that could help getting docuemnts. I probably will just the lawyers get them since they are in Israel.

    Don
     
  11. alyehoud

    alyehoud Addicted member

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    I did note the "Esq" part of your name! All I know about Charsky is that he's good, but very busy. Ever since Poland became an EU member, with nearly half of Israelis having part or whole Polish ancestry, obviously there's a great demand now. Charsky has local contacts in Poland which could help you as well, if needed. As far as US documents, it may be easier and less expensive for you to do that.

    I would really like another to chime in again and confirm everything I've told you, as I don't want you to waste any more time or money if it's a pipe dream. My final verdict would be that you have a chance, and if you have the desire, time, patience and money you should try it. Be prepared for lots of waiting. My application was submitted directly in Warsaw (the "fast"er way, as Charsky's group would do for you), and actually I just noticed that it's been a year to the day since it was submitted. No word in sight. Good luck, hope I've been helpful and if there's anything else, don't hesitate to ask.

    Edit: They'll charge you somethign like $250 to tell you if you're eligible. I believe that if the say you're eligible and then you're denied, they refund half of the fee, or something along those lines. I had inquired myself and that's what they told me.
     
  12. DMOesq

    DMOesq Member

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    Alyehoud:

    You have been very helpful and I do appreciate it. I will keep you posted and will continue to watch the board. Good luck with your application.

    Don
     
  13. alyehoud

    alyehoud Addicted member

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    Can someone please list the telephone number (full) for the Wojewoda Mazowiecki?

    And maybe any experiences calling?
     
  14. polskiarg

    polskiarg Addicted member

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    If a foreign citizenship was acquired before 1951 to your grandfather then he lost his polish citizenship and so did his wife and children under 18 years of age: in your case, your mother ( that was the case of my grandfather who got naturalised argentinean in 1950: he lost his polish citizenship and so did my uncle who was under 18 but not my father who was over 18... ( what a stupid and unfair law!).

    if I were you I would definitely consult a good lawyer about your situation before proceding.
     
  15. polskiarg

    polskiarg Addicted member

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    Here is the number of the Citizenship Confirmation Office in Warsaw

    Poswiadczenie Obywatelstwa Polskiego, Pok. 23
    Tel: +48 (022) 695 65 79
    godz. przyjéc
    poniedzialek: 9:00-17:00
    wtorek-piatek: 8:00-16:00

    My sister had been waiting for almost 2 years, and received her confirmation of citizenship just 3 weeks after calling the office.
     
  16. alyehoud

    alyehoud Addicted member

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    He said they were naturalized in Israel in the mid-50's, so that's well past the '51 mark. Seems solid with the exception no definitive proof of citizenship of mother, no?
     
  17. alyehoud

    alyehoud Addicted member

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    How is noticifcation sent if one applies via the Citizenship Confirmation Office in Warsaw? Directly the the foreign address supplied, or to the person who submitted it (if there was one), with the power of attorney to do so?
     
  18. curiousgeorge

    curiousgeorge Addicted member

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    One of my notifications went to the address in Poland.

    The others were never sent out. My friend had to physcially go inquire about it.

    They said, "Oh here it is, in this pile of processed cases assigned to the person who no longer works here!! We should realy work on these." duh...
     
  19. polskiarg

    polskiarg Addicted member

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    Since the Law of Nationality granted citizenship retroactively to those who immigrated into Israel in 1950 under the Law of Return, this might be considered as getting foreign citizenship prior to the January 16, 1951, thus causing the loss of citizenship of his grandfather, his grandmother (his wife) and his mother, who was under 18, acording to the 1920-1951 Polish Citizenship Act.

    This case is very tricky and I don't realy know its legal implications. A good lawyer might shed some light on situations like this one.
     
  20. alyehoud

    alyehoud Addicted member

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    Yep, couldn't agree more. That's why I specifically recommended Charsky because I know he has experience with this issue. But, like you said, I'm not sure what the precedent is, or if there is even a consistent ruling on this. I wouldn't be totally surprised if it was discretionary, honestly.
     
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