This article will tell you what conditions you need to meet in order to obtain a decision recognising you as a Polish citizen, how you should prepare your application, and what to do if you receive a decision refusing to recognise you as a Polish citizen.
On Monday morning, a man with a slightly worn briefcase under his arm entered the office. He spoke Polish fluently, although with a foreign accent that betrayed the years he had spent abroad. He had been working in Poland for a long time, had founded a family here, paid taxes here, and planned his children’s future here. And yet, as he himself said, “formally, I am still just a guest.”
His story is not unique. Behind the formal concept of recognition as a Polish citizen lie real people, life decisions, and often years of striving for stability and a sense of belonging. It is a procedure that combines administrative law with the everyday experience of foreigners for whom Poland has become home.
In this article, I will tell you what recognition as a Polish citizen means, who can apply for it, and what conditions must be met for the Voivode’s decision to be positive. I invite you to read on!
Polish citizenship law – different kinds of procedures
In Poland, citizenship issues are currently regulated by the Act of April 2, 2009 on Polish citizenship. Citizenship procedures may seem complicated, as each situation in the life of a foreigner requires a different procedure for obtaining citizenship and different authorities to which applications must be submitted.
In brief, these procedures are as follows:
- Recognition as a Polish citizen is the basic method of acquiring citizenship for foreigners who have been associated with Poland for a long time. It is based on a sufficiently long, legal and uninterrupted stay in Poland on the basis of, for example, a permanent residence permit or a long-term EU resident’s residence permit. Documented knowledge of the Polish language is also required. The decision is issued by the Voivode and can be appealed.
- Granting Polish citizenship by the President of the Republic of Poland – The President makes this decision at his or her sole discretion, is not bound by any strict statutory conditions, and does not have to justify this decision. There is no right of appeal against a refusal to grant citizenship. This procedure does not require the fulfillment of specific requirements (e.g., length of stay in Poland or knowledge of the Polish language). This procedure is applied to persons of special merit to Poland (e.g., sportsmen, scientists, artists) or to persons whose life situation justifies the granting of citizenship without regard to the standard conditions.
- Restoration of Polish citizenship – this procedure is addressed to people who had Polish citizenship but lost it before January 1, 1999, on the basis of the regulations in force at that time (e.g., as a result of acquiring another citizenship). The decision in this matter is issued by the Minister of Internal Affairs and is subject to appeal.
- Confirmation of Polish citizenship – this procedure applies to people who actually have Polish citizenship but have never had documents to confirm it. In other words, this procedure does not “grant” citizenship, but rather confirms that a given person has it. This most often applies to descendants of Polish emigrants born abroad. The decision in this matter is issued by the voivode competent for the applicant’s place of residence in Poland, and if there is no such place, by the Mazovian Voivode.
Requirements for Polish citizenship through the recognition procedure
The procedure for recognition as a Polish citizen is intended for foreigners who have been residing in Poland for a long time on the basis of residence permits and who meet certain additional conditions. Specifically, in accordance with the current Polish Citizenship Act, these will be foreigners who, among other things:
- have been residing in Poland continuously for at least 3 years on the basis of a permanent residence permit, a long-term EU resident’s residence permit, a permanent residence right, and additionally have a stable and regular source of income in Poland and a legal title to occupy accommodation
- have been residing in Poland continuously for at least 2 years on the basis of a permanent residence permit, a long-term EU resident’s residence permit, or a right of permanent residence, and have been married to a Polish citizen for at least 3 years or do not have any citizenship
- have been residing in Poland continuously for at least 2 years on the basis of a permanent residence permit obtained in connection with refugee status granted in Poland
- are minors (under 18 years of age) and reside in Poland on the basis of a permanent residence permit, an EU long-term resident’s residence permit or a right of permanent residence, where one of the parents is a Polish citizen and the other parent, who does not have Polish citizenship, has consented to this recognition
- have been residing in Poland continuously and legally for at least 10 years and hold a permanent residence permit, a long-term EU resident’s residence permit or a right of permanent residence, and additionally have a stable and regular source of income in Poland and a legal title to occupy accommodation
- have been residing in Poland continuously for at least one year on the basis of a permanent residence permit obtained in connection with their Polish origin or possession of a Polish Card
The need to know Polish when applying for Polish citizenship through the recognition procedure
When applying for recognition as a Polish citizen, it is necessary to know the Polish language. The exception is minors under the age of 18 – they do not have to meet this requirement.
Your knowledge of Polish should be confirmed by an official certificate, at a language proficiency level of at least B1. What does this mean in practice? Such an official certificate is issued by the State Commission for the Certification of Proficiency in Polish as a Foreign Language, obtained after passing an exam. You can also obtain the certificate without having to pass the exam, e.g. if you have completed studies conducted in Polish or obtained a doctoral degree on the basis of a doctoral thesis written and defended in Polish.
You can also confirm your knowledge of Polish in another way, i.e., by attaching to your application for recognition as a Polish citizen a certificate of completion of school in Poland (however, it cannot be a post-secondary school) or a certificate of completion of school abroad with Polish as the language of teaching.
How to prepare an application for Polish citizenship through recognition procedure?
To apply for Polish citizenship in recognition procedure, you should prepare an application form in which you provide your personal details, address of residence, information about your sources of income in Poland, housing, and information about your professional achievements and political and social activities. In the application, you should also provide the details of your spouse (if you have one), as well as information on whether you have previously applied for granting Polish citizenship and whether you have held Polish citizenship in the past. You should also justify your application.
You should also attach documents to the application confirming the circumstances you refer to, including information about your sources of income (e.g., your employment contract), your achievements (e.g., professional exams passed), and your spouse (a copy of your marriage certificate). Remember to attach a document confirming your knowledge of the Polish language, i.e., a certificate of Polish language proficiency at least at the B1 level or a certificate of completion of school in Poland, or a certificate of completion of a school with Polish as the language of instruction abroad. You should also attach your photograph to the application.
Remember to submit your application for recognition as a Polish citizen on the official form. You can find this form at this link: click here.
When and where to apply for polish citizenship through recognition procedure?
You can apply for Polish citizenship at any time, of course after the required periods of residence in Poland have been completed – depending on your personal situation. You can read (or have already read 😊) about these required periods of residence in Poland, after which you can apply for Polish citizenship, above.
Where do you submit your application for Polish citizenship? To the Voivode. There are sixteen voivodes in Poland, which is the same number as the number of voivodeships. According to the regulations, you should submit your application to the Voivode competent for your place of residence. So if you live in Poland in Warsaw, submit your application to the Mazovian Voivode, and if you live in Krakow, for example, submit it to the Małopolska Voivode.
In what circumstances will the Voivode refuse to recognise you as a Polish citizen?
The Voivode will refuse to recognize you as a Polish citizen if you do not meet the necessary requirements (see above). Examples of such situations include: failure to document your knowledge of the Polish language, failure to meet the requirement of uninterrupted residence in Poland for the required period of time, failure to prove that you have a stable and regular source of income in Poland, or failure to prove your legal title to the accommodation you occupy.
The Voivode will also refuse to recognize you as a Polish citizen if it would pose a threat to national defense or security, or to the protection of public safety and order. The Voivode does not assess these circumstances on his own. As part of the proceedings, before issuing a decision, the Voivode will contact the Police, the Internal Security Agency, or other authorities and obtain the information necessary to assess these circumstances.
What to do if your application for Polish citizenship in recognition procedure is rejected ?
If you receive a decision refusing to recognize you as a Polish citizen, you can appeal against it. You can lodge your appeal within 14 days of the date on which the decision is delivered to you. The appeal body (i.e., the body that will consider your appeal) is the Minister of Internal Affairs and Administration. You should submit your appeal to the Minister via the Voivode who issued your decision. This means that you submit your appeal to the Voivode (or send it to his address), indicating that it is addressed to the Minister of Internal Affairs and Administration. Sounds complicated 😊 ? In the letter containing the appeal, in the space provided for the addressee, write as follows:
Minister of Internal Affairs and Administration
Via
Voivode (e.g.) of Mazovia
The Voivode of Mazovia will have 7 days to forward your appeal to the Minister, together with the case files he has been handling. If the Voivode considers that your appeal deserves to be fully upheld, he may also issue a new decision within this 7-day period, in which he will accept your request.
Frequently asked questions :
What does ‘uninterrupted residence in Poland’ mean, as required for recognition as a Polish citizen?
The meaning of “uninterrupted stay in Poland” is defined in Article 195(4) of the polish Act on Foreigners. This does not mean that you cannot leave Poland at all. For your stay in Poland to be considered “uninterrupted,” you cannot leave Poland for too long. Specifically, your stay in Poland will be considered uninterrupted if none of the breaks in it exceed 6 months and all breaks in the period constituting the basis for recognition as a Polish citizen do not exceed a total of 10 months. In exceptional circumstances, you will be able to exceed these 10 months of total stays outside Poland, e.g., by referring to your special personal situation requiring your presence outside Poland, provided that it did not last longer than 6 months.
What requirements should a photograph attached to an application for recognition as a Polish citizen meet?
The photograph of the person applying for Polish citizenship should be: undamaged, in color, measuring 4.5 cm × 3.5 cm, taken within the last 6 months, on a uniform light background, with good focus and clearly showing the eyes and face from the top of the head to the upper shoulders, so that the face occupies 70-80% of the photograph; the photograph should show the person without hat or dark glasses, looking straight ahead with eyes open, hair not covering the face, with a natural expression and mouth closed.
How much will you pay for a decision recognising you as a Polish citizen?
You will pay a stamp duty of PLN 1,000 for the decision to recognize you as a Polish citizen. Applications for recognition of minors (under 18 years of age) as Polish citizens are exempt from this fee. If you use the services of a legal representative, you will pay an additional PLN 17 for submitting the power of attorney document.
How long will you wait for a decision on granting Polish citizenship?
The Polish Citizenship Act states that the deadline for processing an application for recognition as a Polish citizen is six months from the date of receipt of the application by the Voivode. In practice, these deadlines are longer. This period does not include the time during which the Voivode waits for information from the Police, the Internal Security Agency, or other authorities as to whether recognizing you as a Polish citizen would pose a threat to national defense or security, or to the protection of public safety and order.
Julia Dolińska
attorney-at-law
Photo by Aliaksandra Yadzeshka