Polish national law is based primarily on the principle of sanguine juice. Children born to at least one Polish parent gain Polish citizenship regardless of place of birth.
Video Polish nationality law
Citizenship by marriage
Entering a marriage with a Polish citizen does not constitute a sufficient basis for obtaining Polish citizenship. To obtain such citizenship, foreigners must meet special additional requirements concerning their valid and uninterrupted stay in Poland. A foreigner may be recognized as a Polish citizen if he remains married to a Polish citizen for a period of at least 3 years and has lived in Poland legally and uninterruptedly for at least 2 years under permanent residence permits, and their knowledge of Polish language is documented. However, to obtain a permanent residence permit in Poland, a person must first obtain a temporary stay permit under marriage with a Polish citizen.
It is possible to obtain permission to live permanently or temporarily in Poland, provided the applicant intends to live in Poland and not in another country. Polish law does not permit the acquisition of temporary or permanent residence permits in Poland for applicants intending to stay in a different country.
Polish citizenship may also be obtained in the process of granting Polish citizenship by the President of the Polish Republic. The Presidential Decree is not limited by any conditions that foreigners must fulfill in order to be granted Polish citizenship. This means that the President may grant Polish citizenship to a foreigner, regardless of conditions such as the duration of his stay in Poland. It should be noted that the procedure for granting Polish citizenship by the President can take some time, since the provisions of the Administrative Procedure Code do not apply to such cases. This means that even if it is possible to review the case based on evidence submitted by the applicant, it should not be considered immediately as in the case of recognizing a foreigner as a Polish citizen. Individuals who apply for citizenship are obliged to justify their application and to provide an important reason why they should be granted Polish citizenship.
Maps Polish nationality law
Citizenship by birth
A child born to Polish parents is a Polish citizen at birth. This applies whether the child was born in Poland or elsewhere.
Children born or found in Poland obtain Polish citizenship when both parents are unknown, or when their citizenship can not be established, or if determined to be a citizen. Polish citizenship is granted to stateless children of more than sixteen years only with their consent.
Citizenship by naturalization
The current law is the Polish Citizenship Law 2 April 2009, published on February 14, 2012, and became a statutory law on August 15, 2012.
According to this law, foreigners may obtain Polish citizenship in the following ways:
- With gift. This category allows the President of Poland to grant Polish citizenship to foreigners who request it.
- With confession. Foreigners are recognized as Poles, if they request it, know Polish, not a security risk, and meet one of the following criteria:
- Lives in Poland for the past 3 years as a permanent resident, and has a steady and regular source of income, and owns or rents an apartment or a house.
- Lives in Poland, legally, for the past 10 years, and currently has permanent resident status, and has regular and regular source of income, and owns or rents an apartment or a house.
- Lived in Poland for the last 2 years as a permanent resident, and has been married to a Polish citizen for the past 3 years.
- Lived in Poland for the last 2 years as a permanent resident, and has no nationality.
- Lived in Poland for the last 2 years as a refugee.
- Lived in Poland for the past 2 years as a repatriate.
- With restoration. Applies to people who lost Polish citizenship by 1 January 1999.
Citizenship by offspring
Citizenship can generally be claimed only by the descendants of Polish citizens. However, since the newly independent Poland consists of land from Germany, Russia, and Austria-Hungary, Polish citizens are unclear. The Polish Citizenship Act of 1920 refers back to the statute of residence of the earlier states, as well as "international treaties". The Polish Citizenship Act of 1920, Article 2 Those who have no right to Polish citizenship are deemed to have only "Polish origin" but not nationality. Polish Nationality Act of 1920, Article 2a Thus, not all Polish ethnicity can claim Polish citizenship if they have left Poland before it becomes an independent state in 1918. Also, there is no termination of Polish citizenship between emigrant and descendant ancestors. If the applicant's ancestor lost his Polish citizenship, as by becoming another citizen before 1951, his descendants did not inherit Polish citizenship through that ancestor. Applications for "Confirmation of Ownership or Loss of Polish Citizenship" may be made through Polish embassies or consulates abroad.
Polish migrants before 1962
Special rules exist regarding the acquisition and loss of Polish citizenship prior to 1962:
- Between 1918 and 1951, the acquisition of other citizenship led to the loss of Polish citizenship. Polish citizenship is also lost through services in the military of other countries or the reception of "public office" in other countries. However, under the rule of "military paradox", men who do not complete conscription to Poland, unless somehow relieved of duty, can not lose Polish citizenship as above. (See Article 11 of the Polish Nationality Act 1920.)
- In 1951 Poland withdrew its citizenship to all (formerly Polish) Polish citizens from the former Polish region east of the Curzon line that had been annexed by the Soviet Union in 1945. These men had been naturalized as Soviet citizens and then, after dissolution of the Soviet Union in 1991, obtaining citizenship from one of the resulting states: Belarus, Ukraine, Lithuania, Latvia, Estonia, or Russia. Polish citizenship is also repealed for Germans living outside Poland, unless they have Polish couples living in Poland.
- Polish citizens who emigrated to Israel between 1958 and 1984, and who used to be Israeli citizens upon arrival (based on Israel's "Returning Law" for those of Jewish descent), automatically lost Polish citizenship. They and their descendants may qualify for Polish citizenship by declaration.
Polish citizenship disappearance
Since 1962, Polish law (including the Constitution) does not allow the government to deprive one's citizenship. Polish citizenship rejection requires a petition with extensive supporting documents subject to the approval of the Polish President. The petition administration process may take up to several years and the President's decision is final and can not be appealed to the court.
Their Polish passports were confiscated, replaced with 'travel documents' which would not allow them to return, and their property was taken over by the state, most Holocaust victims and their children emigrated to Israel, the United States, Denmark and Sweden.
The High Court in Warsaw accepted a petition filed by Baruch-Natan Yagil, who was forced to leave Poland in 1968, and decided that the Polish government was wrong in depriving the plaintiff's citizenship, and had to return it, and gave him a Polish passport.
During his 2006 visit to Israel, President Lech Kaczy? Ski promises to restore Polish citizenship. There is no blanket law covering the issue, but when applying for confirmation of their Polish citizenship, these Jews and their descendants will usually get positive results in the first or second instance, in appeal to the interior ministry.
The Jews and Israel who were invited to Warsaw to mark the 40th anniversary of the Polish cleansing of the Jews on March 8, 1968, will be repatriated by Polish citizenship.
Criteria Losses
Polish law does not explicitly permit dual citizenship, but the ownership of other nationalities is tolerated because there is no penalty for its own ownership. However, penalties do exist to exercise foreign citizenship, such as identifying themselves to Polish authorities using foreign identification documents. Serving in a foreign military does not require permission from the Polish military authorities, if the person is living in that foreign country and has nationality.
Poland treats citizens of other countries considered Polish citizens as if they were just Poles. Since Polish citizenship is determined by the citizenship of Polish parents - without explicit limits for the number of generations that are overseas abroad for Polish emigrant descendants - this can create problems for Polish-born Polish descendants who, despite having no ties to Poland, remain subject on all Polish citizenship obligations, which previously included military service (Poles froze conscription on December 5, 2008 on the orders of the Minister of Defense and conscription was officially removed when the Polish parliament changed the draft law January 9, 2009, the law came into force on 11 February.). In addition, such persons shall not be entitled to the consular protection of their country of origin under Article 36 of the Vienna Convention on Consular Relations. The only exception is when bilateral consular agreements call for recognition of alien citizenship, regardless of Polish citizenship allegations filed by Poland. Such an agreement was negotiated in the 1972 Consular Convention between the United States and Poland provided that:
- " Persons entering the Polish Republic for temporary visit on the basis of a US passport containing a Polish entry visa will, within the period for which a temporary visitor has been granted (subject to the validity of the visa), is deemed to be a US citizen by the appropriate Polish authorities for the purpose of guaranteeing the consular protection provided for in Article 29 of the Convention and the right of departure without further documentation, regardless of whether they may have the citizenship of the Polish Republic.
However, since Poland abolished visa requirements for US citizens in 1991, this term is no longer applicable .
The problem generated for members of the Polish diaspora, Polonia, from being treated by Poles solely as Polish citizens is exacerbated by the difficulty of abandoning Polish citizenship (see above).
Poland has upheld with assertiveness claims for citizenship loyalty from Polish emigrant descendants and from recent refugees from Polish Communism that became naturalized in other countries. Under a very strict enforcement policy, named by the Polish expatriate community, the "passport trap", Americans, Canadians and Australians were prevented from leaving Poland until they got Polish passports. The governments of the United States and Canada have issued travel warnings for Poland, still in force in February 2007, for those "who can or can be claimed as Polish citizens" that they are required to "enter and exit Poland on Polish passports" and will not "allowed to leave Poland until a new Polish passport was obtained".
Tourists to Poland who have Polish ancestors are advised to obtain in writing a statement from the Polish Consulate about whether they will face obligations in Poland, such as military service, taxation, or requirements to obtain Polish passports.
Poland has one of the most stringent laws against abortion in the EU, which has led to widespread abortion tourism practices in which Polish women travel to neighboring countries (usually Germany) to get an abortion. This led to a call amongst the hardline on the pro-life side of the abortion debate to introduce extraterritorial laws that criminalize abortion tourism. Some of the bills filed make no exceptions to the Polish diaspora. If such a bill ever applies, a Polish woman who aborted legally in their home country could theoretically find herself liable for criminal prosecution in Poland.
Since Poland is part of the EU, Polish citizens are also EU citizens under EU law and thus enjoy the rights of freedom of movement and have the right to vote in elections to the European Parliament. While in a non-EU country where there is no Polish Embassy, ​​Poles have the right to obtain consular protection from other EU embassies in the country. Polish citizens may live and work in any country within the European Union as a result of the right to freedom of movement and residence provided in Article 21 of the EU Treaty.
Freedom of travel Polish citizens
Visa requirements for Polish citizens are administrative entry restrictions by other state authorities placed on Polish citizens. By 2017 Polish citizens have free visas or visas on arrival access to 162 countries and regions, ranking the 14th Polish passport in the world according to the Visa Restriction Index.
Notes and references
External links
- The story of Polish citizenship 1920 - 1962, the English translation.
- For US citizens of Polish Circle No.18 descent
- Polish citizenship law law 1920
- Polish Citizenship's legal guide
- Polish citizenship, Consulate of Poland, New York
- Polish Citizenship Act 1920-1962
- Polish citizenship - legal text, Legislation
Source of the article : Wikipedia
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