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An application for the confirmation of possession or loss of Polish citizenship

An application for the confirmation of possession or loss of Polish citizenship

An application for the confirmation of possession or loss of Polish citizenship can be made on various grounds based on different circumstances, as specified and explained below.

The application must be filled out and a different catalogue of documents applies to each of the circumstances.

1. Who is the application for?

You apply for confirmation of possession or loss of Polish citizenship when:

  1. You have a valid Polish passport or a valid Polish ID card;
  2. You have a valid foreign passport and you do not have a valid Polish passport or a valid Polish ID card, or one of your parents has a valid or invalid Polish passport or a valid or invalid Polish ID card;

III. You have a valid foreign passport, and in turn one of your parents, grandparents or great-grandparents has a Polish passport or a Polish ID card and left Poland right after World War II, during the war or in the interwar period;

  1. You have a valid foreign passport with a visa to enter Poland for the purpose of repatriation;
  2. You must obtain confirmation of Polish citizenship of a third party (living or deceased) in connection with other proceedings, such as divorce, inheritance, compensation for leaving real estate outside the current borders of the Republic of Poland;
  3. There was a full adoption of a child by a person or persons having Polish citizenship, which took place before the child turned 16;

VII. You were born in Poland and your parents are unknown, do not have any citizenship or their citizenship is undefined.

 

2. Conditions that you must meet:

  • There is no register of Polish citizens.
  • Before you start filling out the application for confirmation of Polish citizenship, carefully read the instructions on its last page and strictly follow the instructions provided there.
  • The application for confirmation of Polish citizenship by a minor child is signed and submitted by one of the parents or both of the child’s parents or their legal guardian.
  • If your power of attorney is a spouse, ascendant, descendant or sibling, you do not have to pay stamp duty for the power of attorney.
  • Proof of power of attorney submitted in connection with the confirmation of Polish citizenship does not require a notarized confirmation of your signature.
  • Documents drawn up in a foreign language must be submitted together with a translation into Polish made or certified by a Polish sworn translator or at a Polish consular post. The list of sworn translators is available on the website of the Ministry of Justice.
  • In the absence of your or your parents’ Polish documents, you can apply to the city office competent for the place of last residence, the appropriate Registry Office or the archives or the Institute of National Remembrance, which stores emigration documents issued by the authorities of the Polish People’s Republic until 1989. If you have difficulties finding the right institution, contact the General Directorate of State Archives – Central Archives Information Center (ul. Rakowiecka 2D, 02-517 Warsaw) or use the online database at www.archiwa.gov.pl.
  • In accordance with the provisions of the law, the obligation to provide data and information that will allow to determine the factual and legal status rests with you. At the same time, you are obliged to submit documents that will confirm this data and information.
  • Documents collected in the case files will not be returned.

 

3. What documents do you need to submit?

Important to note:

You submit the documents attached to the application as:

  • originals, or
  • in the form of certified copies

The copy is authenticated by a Polish notary (i.e. a notary public within the meaning of Polish regulations on notaries), a Polish consul outside the Republic of Poland or an employee of the Citizenship and Repatriation Department free of charge at the time of submitting the application (in this case, you present a photocopy made on your own and show the original document for inspection). If you act through the agency of a Polish attorney, Polish attorney-at-law, patent attorney or tax advisor, such a representative may also authenticate copies of documents.

In the event of submitting the application and there being doubts or deficiencies in the evidence, the authority will send you a summons, asking you for additional documents that will be relevant in the case and will allow you to accurately explain the facts.

 

APPLYING FOR CONFIRMATION OF HOLDING OR LOSS OF POLISH CITIZENSHIP, WHEN:

You have a valid Polish passport or a valid Polish ID card;

The required documents relating to the state resulting from point I (when you have a valid Polish passport or a valid Polish ID card):

  • The application for confirmation of Polish citizenship completed in accordance with the instruction on the last page of the application
  • Proof of payment of stamp duty (58 PLN for issuing a decision in the case + 17 PLN for the power of attorney, if you act through an attorney);
  • Power of attorney, if you act through an attorney;
  • A power of attorney for deliveries with an address in Poland, if you do not act through a representative or a Polish consul and you do not reside in Poland or another EU Member State;
  • A certified photocopy of the page of your current Polish passport or Polish ID card with personal data, date of issue and expiry date, and the name of the issuing authority;
  • A copy of your birth certificate, containing your name (s) and surname, date and place of birth and details of your parents;
  • A copy of your marriage certificate and / or another official document confirming the change of personal data, if in your case such a change took place.

 

 

You have a valid foreign passport and you do not have a valid Polish passport or a valid Polish ID card, or one of your parents has a valid or invalid Polish passport or a valid or invalid Polish ID card;

Required documents relating to the state resulting from point II (when you have a valid foreign passport and you do not have a valid Polish passport or a valid Polish ID card, or one of your parents has a valid or invalid Polish passport or a valid or invalid Polish ID card):

  • The application for confirmation of Polish citizenship completed in accordance with the instruction on the last page of the application;
  • Proof of payment of stamp duty (58 PLN for issuing a decision in the case + 17 PLN for the power of attorney, if you act through an attorney);
  • Power of attorney, if you act through an attorney;
  • A power of attorney for deliveries with an address in Poland, if you do not act through an attorney or a Polish consul and you do not reside in Poland or in another EU Member State;
  • A certified photocopy of the page of your current foreign passport with personal data, issue date and expiry date as well as the name of the issuing authority or a photocopy of another valid document confirming your identity and citizenship;
  • A copy of your birth certificate, containing your name (s) and surname, date and place of birth and details of your parents;
  • A copy of your marriage certificate and / or another official document confirming the change of personal data, if in your case such a change took place;

– if there are discrepancies in the recording of personal data in your documents and they are not the result of official data changes, be sure to attach a statement in which you explain the reasons for these discrepancies;

  • A photocopy of a page of your invalid Polish passport with personal data, date of issue and validity as well as the name of the issuing authority or a photocopy of your invalid Polish ID card. If you do not have such a document, please provide one of the other documents, such as:

– a page with personal data, date of issue and expiry date as well as the name of the issuing authority of a valid or invalid Polish passport or a photocopy of the Polish ID card of one of your parents;

– confirmation of Polish citizenship of one of your parents;

– a certificate of the last place of residence in Poland with a note on the issued ID card or a certificate of the last place of residence of one of your parents with such a note (certificates are issued by the competent Urząd Gminy);

– Polish military book issued to you (if you are a man) or to your father;

– if you cannot present any of the above documents, attach any documents issued by Polish authorities or institutions, e.g. photocopies of your Polish school certificates, Polish insurance card, employee ID, your Polish driving license, child’s health book, etc.

  • If you only have Polish documents of your father, then also prepare a copy of your parents’ marriage certificate, if they were married before your birth, or an official document containing the date of establishing your father’s paternity in relation to you.

 

 

You have a valid foreign passport, one of your parents, grandparents or great-grandparents has a Polish passport or a Polish ID card and left Poland right after World War II, during the war or in the interwar period;

Required documents relating to the condition resulting from point III (if you have a valid foreign passport, one of your parents, grandparents or great-grandparents has a Polish passport or a Polish ID card and left Poland just after World War II, during the war or in the interwar period):

  • The application for confirmation of Polish citizenship completed in accordance with the instruction on the last page of the application;
  • Proof of payment of stamp duty (58 PLN for issuing a decision in the case + 17 PLN for the power of attorney, if you act through an attorney);
  • Power of attorney, if you act through an attorney;
  • A power of attorney for deliveries with an address in Poland, if you do not act through a representative or a Polish consul and you do not reside in Poland or another EU Member State;
  • A certified photocopy of the page of your current foreign passport with personal data, issue date and expiry date as well as the name of the issuing authority or a photocopy of another valid document confirming your identity and citizenship;
  • A copy of your birth certificate, containing your name (s) and surname, date and place of birth and details of your parents;
  • A copy of your marriage certificate and / or another official document confirming the change of personal data, if in your case such a change took place;

– if there are discrepancies in the recording of personal data in your documents and they are not the result of official data changes, be sure to attach a statement in which you explain the reasons for these discrepancies;

  • A photocopy of a Polish passport or Polish ID card of one of your parents, a certified copy of an extract from the books of permanent population with one of your parents, or a photocopy of a Polish military book issued to your father;

– if you cannot present any of the above documents, attach any documents issued by Polish authorities or institutions, e.g. photocopies of Polish school certificates of one of your parents, Polish insurance card, employee, craft, master or apprentice card, repatriation documents (certificates, applications, lists) in the case of their possession, documents indicating persecution or repression during the war, if any, etc.;

  • A copy of your parents’ marriage certificate, if they got married;
  • Certificate of acquisition of foreign citizenship by the parent from whose citizenship your Polish citizenship is derived or – in the case of non-acquisition of foreign citizenship by the above-mentioned – an official document confirming this fact;
  • An official document confirming the change of personal data of the parent from whose citizenship you derive your Polish citizenship, if your parent has made an official change of data;
  • If you enclose Polish documents of your father who acquired foreign citizenship by January 19, 1951, you must also submit a full certificate issued by the competent authorities of the country whose citizenship your father acquired, containing information whether and from what date your father was subject to general military duty in a foreign country, as well as whether he served (active, professional, reserve and voluntary) in the foreign army until January 19, 1951;
  • If you cannot present any Polish documents of your parents, and you have Polish documents of one of your grandparents and / or great-grandparents, then prepare such documents as:

– a photocopy of the Polish passport or Polish ID card of one of your grandparents and / or great-grandparents or any other documents issued for him by Polish authorities or institutions;

– copies of marital status records showing the relationship between you and your grandparents and / or great-grandparents and confirming their marital status, i.e. birth certificate and marriage certificate of the parent from which your Polish citizenship is derived;

– certificates of acquisition by your grandparents and / or great-grandparents of the citizenships of the countries to which the above-mentioned have emigrated or – in the event of not acquiring citizenship of these countries – official documents confirming this fact.

 

 

You have a valid foreign passport with a visa to enter Poland for the purpose of repatriation;

Required documents relating to the state resulting from point IV (when you have a valid foreign passport with a visa to enter Poland for the purpose of repatriation):

  • The application for confirmation of Polish citizenship completed in accordance with the instruction on the last page of the application;
  • Power of attorney, if you act through an attorney;
  • A certified photocopy of a page of your current foreign passport with personal data, date of issue and validity, as well as the name of the issuing authority, as well as photocopies of pages with a visa to enter Poland for repatriation and the date and place of crossing the border of the Republic of Poland;
  • A copy of your birth certificate, containing your name (s) and surname, date and place of birth and details of your parents;
  • A copy of your marriage certificate and / or another official document confirming the change of personal data, if in your case such a change took place.

 

You must obtain confirmation of Polish citizenship of a third party (living or deceased) in connection with other proceedings, eg divorce, inheritance, compensation for leaving real estate outside the current borders of the Republic of Poland;

Required documents relating to the state resulting from point V (when you need to obtain confirmation of Polish citizenship of a third party (living or deceased) in connection with other proceedings, e.g. divorce, inheritance, compensation for leaving real estate outside the current borders of the Republic of Poland:

  • The application for confirmation of Polish citizenship completed in accordance with the instruction on the last page of the application;
  • Proof of payment of stamp duty (58 PLN for issuing a decision in the case + 17 PLN for the power of attorney, if you act through an attorney);
  • Power of attorney, if you act through an attorney;
  • A power of attorney for deliveries with an address in Poland, if you do not act through a representative or a Polish consul and you do not reside in Poland or another EU Member State;
  • A document showing your legal interest or your obligation to obtain confirmation of Polish citizenship by a third party, e.g. a court summons or a voivodeship office;
  • If you want to confirm the possession of Polish citizenship by a deceased person, submit a declaration in which you specify whether the application concerns confirmation of Polish citizenship by that person on the date of his death or on another date;
  • A certified photocopy of a current document confirming the identity and citizenship of the requested person (if the person is a living person);
  • A copy of the birth certificate of the person to whom the application relates, containing the name (s) and surname, date and place of birth and details of the parents of this person;
  • A copy of the marriage certificate of the requested person and / or another official document confirming the change of his / her personal data, if such a change took place;

– if the documents contain discrepancies in the recording of the personal data of the person concerned and they are not the result of official data changes, attach a statement explaining the reasons for these discrepancies;

  • A copy of the death certificate of the requested person (if the person is deceased);
  • A photocopy of a valid or invalid Polish passport of the requested person or a photocopy of a valid or invalid Polish identity card. If you do not have such a document, please provide one of the other documents, such as:

– a photocopy of a valid or invalid Polish passport or a photocopy of the Polish identity card of one of the parents of the requested person;

– certificate of Polish citizenship of one of the parents of the person to whom the application relates;

– a certificate of the last place of residence in Poland of the person to whom the application relates, with an annotation about the ID card issued for him, or a certificate of the last place of residence of one of his parents with such a note (certificates are issued by the competent commune office);

– a photocopy of the Polish military record issued to the requested person (if he / she is / was a man) or to his father;

– if you cannot present any of the above documents, attach any documents issued by Polish authorities or institutions showing the relationship of the person to whom the application relates to Poland, e.g. photocopies of Polish school certificates, Polish insurance card, employee card, Polish driving license, etc.

 

 

There was a full adoption of a child by a person or persons having Polish citizenship, which took place before the child turned 16;

The required documents relating to the condition resulting from point VI (when a full adoption of a child took place by a person or persons having Polish citizenship, which took place before the child turned 16):

  • The application for confirmation of Polish citizenship completed in accordance with the instruction on the last page of the application;
  • Proof of payment of stamp duty (58 PLN for issuing a decision in the case + 17 PLN for the power of attorney, if you act through an attorney;
  • Power of attorney, if you act through an attorney;
  • A power of attorney for deliveries with an address in Poland, if you do not act through a representative or a Polish consul and you do not reside in Poland or another EU Member State;
  • A certified photocopy of the page of the child’s current foreign passport with personal data, issue date and expiry date as well as the name of the issuing authority or a photocopy of another valid document confirming the child’s identity and citizenship;
  • A complete copy of the child’s birth certificate, issued by the competent Civil Registry Office in Poland, in which the adoptive parent, with Polish citizenship, is indicated as the parent of the child;
  • A copy of the court’s decision on the full adoption of a child by a person with Polish citizenship, together with the validity clause;
  • A photocopy of a page of a valid or invalid Polish passport of the adopting parent or a photocopy of a valid or invalid Polish identity card.

 

You were born in Poland and your parents are unknown, do not have any citizenship or their citizenship is undefined.

Required documents relating to the status resulting from point VII (when you were born in Poland and your parents are unknown, do not have any citizenship or their citizenship is undefined):

  • The application for confirmation of Polish citizenship completed in accordance with the instruction on the last page of the application;
  • Proof of payment of stamp duty (58 PLN for issuing a decision in the case + 17 PLN for a power of attorney, if you act through an attorney);
  • Power of attorney, if you act through an attorney;
  • A certified photocopy of a valid document proving your identity;
  • A complete copy of your birth certificate, issued by the competent Registry Office in Poland;
  • If your parents’ identity is established, then you attach documents proving that your parents do not have any citizenship or their citizenship is undefined. You can provide e.g. a Polish identity document issued because your parents are in Poland and do not have any citizenship, or decisions granting them refugee status as stateless persons or subsidiary protection, or any other documents which prove that your parents are stateless.

 

The issuing of the decision and the date of completion of the proceedings depends on when the authority collects all the necessary information and documents.

Pursuant to the provisions of the Code of Administrative Procedure, public administration bodies handle matters without undue delay. A case requiring explanatory proceedings should be dealt with no later than within a month, and a particularly complicated case – no later than within 2 months from the date of initiation of the proceedings. The time limits set out in these provisions do not include the time limits provided for by law for the performance of specific activities, periods of suspension of the proceedings, the period of mediation and periods of delays caused by your fault or for reasons beyond the control of the authority.

In addition, it should be noted that due to the significant increase in the number of applications for confirmation of Polish citizenship or loss, there are delays in registering cases in IT systems and in timely conduct of administrative proceedings, and therefore the deadline for issuing a decision may be extended.

 

Supplementing the documents. If any discrepancies or deficiencies in the documentation arise documents in the case should be supplemented in accordance with the content of the received summons in the place and time indicated therein.

 

The appeal procedure is as follows. If you are dissatisfied with the decision you receive, you can appeal. The appeal is submitted to the Minister of Interior and Administration via the Mazowieckie Voivode within 14 days from the date of delivery of the decision.

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Author: The Migration Bureau

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