Many people who left Poland and settled in Australia know that they are able to get the Polish citizenship. A crucial problem is however somewhere else – documents. People who are given a possibility to obtain the Polish citizenship simply do not have old Polish documents of their ancestors and because of that they do not know how to apply. But it is not a problem!

Everybody should keep in mind that in the Polish law the ‘’blood principle’’ (ius sanguinis) , rule concerning the inheritance of citizenship, is in force. A citizen of Poland is a person whose at least one of parents holds the Polish citizenship. The place of birth is not relevant. These people who do not have Polish old documents – like Polish passport, travels’ documents etc. – are still Polish citizens and they should benefit from all privileges the Polish citizenship and Polish passport provide.

So, the only problem is to find documents to prove their families (ancestors) lived in Poland – it is only “about” the proof!

These documents that are required to get the Polish citizenship could be find in Polish archives or other institutions, especially when emigrants left Poland after the Second World War. But even before that – there is a significant chance to find these documents. Such procedure is not very expensive and benefits are clear – the Polish citizenship opens not only Polish borders but it is a ticket to the whole European Union. It is the reason why many European emigrants call a passport of member state the “European passport”.

So, the best solution is to provide a professional law office with information on ancestors and ask how much searching would cost. Then, the person could apply for the Polish citizenship and Polish passport. Such a procedure could be relatively quick and effective.

Polish citizenship – confirmation

What is very important – Polish emigrants must be aware, that “confirming the Polish citizenship” is something different then “granting” which is processed the by Polish President. Many Polish citizens suppose that they cannot start the confirmation procedure as they do not have documents so their only way leads through the Chancellery of the President. It is a fatal mistake – lawyers would explain you everything. What is more, the Australian law approved the “dual citizenship”. So, Polish emigrants did not have to renounce their Polish citizenship. As we read:

”The 1948 Citizenship Act was also inequitable in that it allowed, de facto, overseas-born people to retain their former citizenship when granted Australian citizenship, while its Section 17 mandated its loss for an Australian citizen who acquired a citizenship of another country. Consequently, dual citizenship was accepted as a matter of legal reality for those who had another citizenship before becoming Australian citizens. As many countries make it difficult for nationals to renounce their citizenship, pledging allegiance to Australia upon becoming Australian citizens was insufficient to divest immigrants of their former citizenship. This inequity was finally removed in 2002 when amendments to Australian citizenship legislation made it possible for Australian nationals to acquire citizenship of another country, when previously it would have meant forfeiting their Australian citizenship. In 2007, a new Australian Citizenship Act was introduced, which repealed the contentious s. 17 and broadened citizenship provisions to include dual citizenship. Thus, the act has made it possible for Australian citizens to maintain their former citizenships or acquire a new one without fear of losing their Australian citizenship.”
(Stefan Markowski, A snapshot of the Polish migrant community in Australia, Humanities Research Vol XV. No. 1. 2009)

So all Australian citizens of Polish roots have chance to get confirmation of Polish citizenship and use Polish passport

An application for confirming the Polish citizenship has to be submitted to a proper provincial governor’s office. People living outside Poland could submit your application to a Polish consulate in the country of residence although that process could take a lot of time – especially in countries where many people with Polish roots live and where many applications are submitted. However, Polish diplomatic agencies do not provide any legal assistance for people who apply and, in many cases, such an assistance could be important. So, a good lawyer is the best solution for people interested in confirming the Polish citizenship. Of course – we can proceed our application through competent law office. Lawyers can also prepare documents needed for Polish passport - as confirmation of Polish citizenship is only part of procedure.

Confirmation of Polish citizenship

Documents necessary to obtain the confirmation of Polish citizenship (before you get a Polish passport)
• a letter – request for the confirmation of Polish citizenship,

• a carefully filled application form

• a history of the family line since leaving Poland (one’s Polish roots) or one’s own in case of sole immigration,

• a signed resume,

• one’s personal documents, or parental documents issued by the Polish authorities (passport, ID, birth certificate, school records), in their original form tha will confirm their Polish citizenship, (more informations about requirements you can also read here: Polish citizenship & passport)

• a document, or a certificate proving a foreign citizenship (a date should be included), or a document stating that another citizenship was not acquired,

- birth certificate (a long form),

• a declaration (signed and dated) in which a one concerned shall answer in full the following questions:

- have you ever acquired a foreign citizenship (if so, please specify the date and citizenship),

- have you ever approached the Polish authorities for a request for the Polish citizenship – (if so, please specify when, where and with what result),

• a copy of the current identification card/document.

All forms need to be completed in Polish and all documents need to be prepared in Polish (translation).

All documents submitted must be presented in their original format.

If we don’t have enough evidences – that our family lived in Poland and got Polish citizenship – we probably won’t receive confirmation of Polish citizenship. So in such case it’s best to ask proffesional lawyer for advisory.

Acquisition if Polish citizenship

Naturalization

Foreigners legally residing in Poland for a certain period (depending on their status) can apply for Polish citizenship and Polish passport. Different factors are taken into account for eligibility for nationalization in Poland.
Who can apply for the Polish citizenship?

Polish citizenship can be obtained exclusively by foreigners who meet one of the following requirements:

* a child (still a minor) born in the territory of the Republic of Poland by foreign parents who hold a legal residence permission,
* marriage to a Polish citizen for a minimum of 3 years AND living in Poland without interruption on the basis of residence permission issued at least 2 years prior to the application,
* residing in Poland for at least 10 years on the basis of a permission for a tolerated residence, or for 5 years in connection with a refugee status,
* children of a Polish citizen under parental authority.

Residence in Poland is deemed uninterrupted, if it was not broken for longer than 6 months and all the breaks together did not exceed 10 months, unless the break was caused by:

* fulfillment of professional duties and work outside Poland, on the basis of an agreement made with an employer whose place of business activity is situated in Poland;
* accompanying a spouse who was fulfilling his/her professional duties as defined above;
* the need to obtain a new travel documentation; and/or
* medical treatment.

Application requirements for Polish citizenship

A foreign citizen who intends to apply for the Polish citizenship should submit:

* four filled application forms,
* a valid passport,
* documents certifying the required periods of uninterrupted stay in Poland,
* certification of no tax arrears towards the State Treasury,
* current certificate of temporary residence,
* legal title to a rented or owned apartment/house and documents certifying this fact.

Acquisition of Polish citizenship is regulated by Polish Citizenship Act of 1962

Anyway, confirmation of Polish citizenship is best way and solution for all people with Polish ancestry. This procedure – especially with professional help could be not expensive, fast and efficient