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✎ EN Polish Citizenship [part1]

Tema en 'Immigration Poland - Polska' comenzado por Kay, 23 de Febrero de 2005.

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  1. curiousgeorge

    curiousgeorge Addicted member

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    Here is the form:
    http://www.bip.warszawa.pl/dokumenty/wn ... ilnego.pdf

    I'm not sure, but I think this is the address to go to:

    00-281 Warszawa
    ul. Jezuicka 1/3
    tel. 0 22 504 52 06
    faks 0 22 635 52 97
    Phone number to call about registering foreign acts of birth and marriage:
    tel. 0 22 504 52 49

    or

    01-627 Warszawa
    ul. Słowackiego 6/8
    faks 0 22 56 01 316
    Phone number to call about registering foreign acts of birth and marriage: tel. 0 22 56 01 314

    Here is the web page for the office:

    http://www.bip.warszawa.pl/um_www/infor ... ?mn_id=279
    http://www.bip.warszawa.pl/um_www/infor ... ?mn_id=644


    This may depend on the supervisor. I was able to put my application in together with my son's (Remember to tell your friend that if he gets any trouble from the first clerk, he needs to speak ask to a supervisor.)

    Preferably yes.


    When you get to the stage for applying for proof of Polish citizenship, you would go to the Urząd Wojewódzki.
    http://www.mazowsze.uw.gov.pl/news.php?id=885
    Here are the addresses:
    http://www.mazowsze.uw.gov.pl/pdf.php?id=267

    The cost for the proof of citizenship is as follows:
    5 zł. for the application.
    50 groszy to make a copy of each attached document / page.
    50 zł. to process the application

    As far as I know your father must get it first. When we tried to apply for our son, they told us that we need to get it first, and then when we apply for our son, it will be much quicker. My son's application only took 2 weeks.

    Registering birth ONLY proves lineage. But it does NOT prove citizenship. You will need other types of documents to prove citizenship. In the case of your grandfather, an expired passport seems to be a good first step, although it is NOT explicit proof of citizenship, since it is expired. The actual document that your father will get the confirms his Polish citizenship will be an EXCELLENT document, and without any doubt proves his citizenship.

    It will be very useful if you can provide some kind of a document that shows that your grandfather was a Polish citizen. I am not sure that they would even process your father's citizenship certification application without this proof. I used my parents' expired Polish passports, which in reality, do not outright prove citizenship, since they are expired, but it was enough to get the application rolling. If you don't have this proof, then I would recommend you contact a lawyer to handle your case, since the clerks will be very adamant in processing the case without your grandfather's proof. A lawyer may know a way around this, or he may be able to GET the proof you need from the correct agencies.

    You and your dad are applying to confirm your citizenship, (or proof of citizenship). You are not applying for citizenship itself. My firsn in Poland told me the line to APPLY for citizenship had a few hundred people in it, while the line to apply for proof of citizenhip was almost empty. Just a note for your frind in Poland to pay attention to this as well.
    He will need to call or go to the office at the address / phone numbers I gave you above for citizenship and find out the details. They will give him the right forms. The details of the procedure are not posted online as such. He will need to get this from the clerk directly.
     
  2. schmoofdie

    schmoofdie New Member

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    Many thanks for your prompt reply and spending such time to explain it all for me curiousgeorge.

    I dont think that i will have much problem proving that my grandfather is a Polish citizen, i don't have his Polish passport but i do have his Polish army passbook (not sure how its called), a short form birth certificate issued by his army unit (signed and stamped) and a certificate which reads;

    This is to certify that according to the records in possession of the 310 Basic Unit PRC, 30042975 Cpl. WICHE Rudolf is a loyal Polish citizen and his conduct always good.

    It is again signed and stamped.

    If i may just ask one more small question....

    I have the copy's of birth certificates with the apostille stamp on so that means that i dont need to get them translated or is it still worth while?

    Many thanks again.
     
  3. curiousgeorge

    curiousgeorge Addicted member

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    If you don't make a translation, then the clerks in Warsaw will take thier best guess, based in thier knowledge of English, and may make assumptions about the English language version of the birth certificate, and if they put data in the wrong place (i.e. reversing your mother's name with your father's name for example) then they will tell you that they are not responsible for that, since it was in English. Somebody here had a similar disclaimer when they provided ONLY the English language version.

    Chances are that they will get it right, but why leave it up to chance?

    I recommend you get it translated.
     
  4. sammy79

    sammy79 New Member

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    Hi all,

    Anyone who has been through the process of gaining citizenship, can you tell me, what docs are helpful in the application in addition to the standard documents requested?

    Are the standard documents enough to get through the process?
     
  5. shappy

    shappy New Member

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    Hello...

    I've read most of this thread and have not come across a situation similar to my own.

    I was born in Poland to Polish parents. We moved to Canada in '81 and a few years later my father renounced the family's Polish citizenship (including mine). I, being about 8 at the time, obviously had no say in the matter. But now I want to go work in Poland and possibly other EU countries.

    Can I get my citizenship back?

    Any info would be greatly appreciated. Thanks!
     
  6. alyehoud

    alyehoud Addicted member

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    I can't find the articles where I read about situations similarto yours in my research, but I'm almost positive that I read you are able to get it back.

    With that said, are you 100% sure that you no longer are a citizen? Just because your father said he renounced alll of your citizenships, doesn't necessarily guarentee the government of Poland see it the same way...because as far as I know, today, the President of Poland has to accept your renuncification of citizenship for it to be valid.
     
  7. shappy

    shappy New Member

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    thanks for the response, alyehoud. If you could find links to some relevant literature, I'd really appreciate it. I'm having a hard time finding anything on the internet.

    Anyway, in response to your last paragraph, this happened back when Poland was still communist (PRL) so I think it was a bit different then? He did receive a letter from the government stating that we are no longer Polish citizens... so it is documented as such. I wonder what effect the government changing would have on me getting my citizenship back... perhaps it may be easier.

    I'll be calling the Polish Consulate soon (I was hoping to get some more info before I call but that may not be possible). I'll make sure to post something when I learn more.

    Again, if you (or anyone) find something, please post.
     
  8. curiousgeorge

    curiousgeorge Addicted member

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    This is probably one of the first things they check during the application.

    If he had renounced his Polish citizenship during, for example, the swearing-in ceremony for his Canadian citizenship, then I would say he did NOT lose his Polish citizenship.

    Since he filed the proper paperwork, and sent it off to the Polish authorities, it seems that he officially renounced his Polish citizenship, and this will probably make it impossible for you to get proof of your Polish citizenship.

    Although you were born in Poland, keep in mind that Polish law does not take into account where the person was born. You only need to prove that your parent is a Polish citizen. Since your father renounced his Polish citizesnship, and your as well, technically you are no longer a Polish citizen, and when you file for proof of Polish citizneship, the application wil most probably come back with a negative response.
     
  9. alyehoud

    alyehoud Addicted member

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    I'm still looking for the page(s) that I read, but here's something relatively similar to your situation... Not sure how the differences would come into play, but it may be helpful:

    "By regaining the citizenship lost in childhood by Parents declaration
    By affidavit executed before proper Polish authorities within 3 months after the birth of the child, parents can choose foreign citizenship for the child if the laws of the foreign country grant the child citizenship based on descent from the foreign parent. Such child looses Polish citizenship by parents’ declaration.
    She/he can however regain Polish citizenship if he/she executes an affidavit expressing the will of becoming the citizen before proper Polish authorities after turning 16, but before 6 months to the legal age."

    From Polish Consulate's website.



    **I would recommend just calling the consulate and asking - they can tell you. It couldn't hurt, especially if you don't provide a name, etc. and just use general case-specific information.
     
  10. curiousgeorge

    curiousgeorge Addicted member

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    According to this law, it is very clear:

    1) Were you older than 3 months old when your parent filed to renounce your Polish citizenship?
    a) If no, then continue to question 2.
    b) If yes, then you are not a Polish citizen any longer

    2) Did you execute an an affidavit expressing the will of becoming a Polish citizen between the age of 16 and 17-and-a-half?
    a) If yes, you may still be a Polish citizen, and you should file the application.
    b) if no, then you lost your chance, and you are not a Polish citizen.

    According to what shappy said he was 8, when his citizenship was renounced. He falls into the scenario mentioned in 1b above, and therefor according to this law, even if he is not yet 16, he could not regain citizenship, and if he is now over 17-and-a half, the window of time is past, and there is no chance either way.

    I also think you should contact the consulate to make sure, but I am pretty sure this is what they will tell you. If so, you might want to contact a good lawyer who might be able to put a different spin on this. I think your options are limited in a case like this.

    In any case, please tell us what the consulate says.
     
  11. alyehoud

    alyehoud Addicted member

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    curiousgeorge puts it best...sorry if I misled you at all.
     
  12. curiousgeorge

    curiousgeorge Addicted member

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    Any way you skin it, its a lot of money. I think its very fair that you only pay 675 upfront, and the rest is only paid if you get Polish citizenship. He will need to do a lot of footwork for this money.

    But, if you REALLY want this, then this is the way to go. If you did it on your own, you'r probably looking at about $1000 USD if not more just to get all the apostilles, and translations done, not to mention the time and pain it will cost you ro get any missing documents from your ancestors. I think your chances of getting this done by yourself through the consulate, will be very slim. There is a lot standing between you and your great-grandfather's Polish citizenship, and it seems Charsky has navigated this landscape before.

    Did he mention any type of timeframe? My guess is about 12 months
     
  13. adelup

    adelup New Member

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    Hi guys

    One question for you:

    does anyone know if someone is married to a polish woman for the last 15 years and have children together and they live in UK can he apply for polish citizenship from England?

    thankx for your reply. Adel
     
  14. polskiarg

    polskiarg Addicted member

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    Citizenship Act 15th February 1962

    adelup

    does anyone know if someone is married to a polish woman for the last 15 years and have children together and they live in UK can he apply for polish citizenship from England?

    -------------------------------------------------------------------------------------
    Article 10. 1. A foreigner who has been granted a permanent residence permit within the Republic of Poland and who has been married for at least three years to a person
    possessing Polish citizenship may acquire Polish citizenship if he or she makes an appropriate declaration, within the period of time defined in para. 1a, before the proper authority and this authority issues a decision on the acceptance of the declaration.
    1a. The period of time for making the declaration of will , referred to in item 1, comprises 6 months from the day of the acquisition by the foreigner of the permanent residence permit or 3 years and 6 months from the day of contracting marriage with a person holding Polish citizenship.
    2. The acceptance of the declaration may be dependent on a submission of proof of the loss of or dispensation from a foreign citizenship. …”
    -------------------------------------------------------------------------------------

    Acording to this law it is currentely NOT possible to grant polish citizenship to a foreigner by virtue of being married to a polish citizen unless he/she resides in Poland and fullfils the conditions mentioned above.
     
  15. curiousgeorge

    curiousgeorge Addicted member

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    No, they will not translate your name, unless you explicitely file for a legal name change, which is a whole different process.
     
  16. nymowae

    nymowae New Member

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    I have almost the same situation.
    My father's parents were born in Poland in the 1920's, my father was born in Germany in 1947, and they all moved to the US in 1951, and gained US citizenship in about 1961.

    Is my father eligible to gain a Polish Passport?

    Also, is it possible for me to gain a Polish passport independent of my family, or would my father have to obtain citizenship in order for me to be eligible for the passport?
     
  17. curiousgeorge

    curiousgeorge Addicted member

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    This type of situation is always a topic of contention, so don't quote me on this one, but...If you read the laws of those times, technically, you may not be eligible. On the other hand if you contact a qualified Polish Immigration attorney like Charsky, then I beleive he will be able to help you. You and your father fall into the same category here. Your father can't get a Polish Passport until he proves his Polish citizenship.

    No. When Charsky goes through the process, he will need to prove citizenship for your father first. Once that is complete, then he can apply for proof of citizenship for you. Once you have your proof of Polish citizenship, then you can apply for a Polish Passport.
     
  18. alyehoud

    alyehoud Addicted member

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    By the time I become (hopefully) a Polish citizen, I will be 22 years old. Will I still be required to do military service? I don't believe so, but I can't find the answer...

    Thanks
     
  19. curiousgeorge

    curiousgeorge Addicted member

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    AFAIK...
    I read somewhere that they changed the laws very recently (around 2005 or so), and you only need to do military service when you are of the correct age AND a resident of Poland. Even if you get your citizenship, and you don't reside in Poland, you still would not need to go to the service.
     
  20. alyehoud

    alyehoud Addicted member

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    Good news :) And thanks for the quick reply.

    I was ust looking at your Power of Attorney. Just to double check, the person MUST have Polish residence to be able to submit my application, correct?

    Also, on a seperate note, whats your opinion on the following, curiousgeorge:

    I have my grandfather's and his mother's Polish passport from 1921 which states her as obyw. polska and him as obyw. polski. specifically on it. According to a lawyer in Poland, he said this is sufficient to show he was a citizen. Do you agree?

    I only ask because in my original post you said that it doesn't necessarily mean he remained a citizen (which he did because he didn't serve in any army, renounce his citizenship or become naturalized in the US until '53).
     
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