Acquiring of Polish citizenship by birth – ius sanguinis

General principle in Poland is acquiring Polish citizenship by a right of the blood (ius sanguinis). That means, that a child whom at least one of the parents is a Polish citizen acquiring polish citizenship in the moment of he/she's birth regardless of fact, that he/she was born in the territory of Poland or not.

Exceptions – aquiring Polish citizenship in accordance with a right of the soil (ius soli)

Child is acquiring polish citizenship in accordance with right of the soil in two cases:

• 1. When a child was born in the territory of Poland and he/she's parents are unknown or their citizenship is not specified or they have no citizenship
• 2. When a child was found in the territory of Poland and he/she's parents are unknown or their citizenship is not specified or they have no citizenship

Full adoption

• Child is aquiring Polish citizenship if he/she is adpoted by Polish citizen or citizens. In case of adoption the child is considered as possessing Polish citizenship from the moment of he/she's birth.

Recognition as a Polish citizen

Foreigner can acquire Polish citizenship by administrative decision. For being recognized as a Polish citizen foreigner should live in the territory of Poland for a sufficent period of time on basis of appropriate permits.

According to Polish Citizenship Act the following persons are recognized as a Polish citizens:

• 1. foreigner residing continuously on the territory of the Republic of Poland for at least 3 years, pursuant to an establishment permit, an EC residence permit for a long-term resident, or a permanent residence permit, having a stable and regular income within the Republic of Poland as well as a legal title to the occupied living premises;
• 2. foreigner residing continuously on the territory of the Republic of Poland for at least 2 years, pursuant to an establishment permit, an EC residence permit for a long-term resident, or a permanent residence permit, being for at least 3 years married to a Polish citizen, or is a stateless person;
• 3. foreigner residing continuously on the territory of the Republic of Poland for at least 2 years, pursuant to an establishment permit, obtained in relation with a refugee status, granted in the Republic of Poland;
• 4. minor foreigner, whose one parent is a Polish citizen, residing on the territory of the Republic of Poland pursuant to an establishment permit, an EC residence permit for a long-term resident, or a permanent residence permit, whereas the other parent, being a non- Polish citizen, has given consent to the citizenship recognition of the minor;
• 5. minor foreigner, whose at least one parent has renounced Polish citizenship, on the condition that the minor has been residing on the territory of the Republic of Poland pursuant to an establishment permission, an EC residence permit for a long-term resident, or a permanent residence permit whereas the second parent, being a non-Polish citizen, has given consent to the citizenship recognition of the minor;
• 6. foreigner residing continuously and legally on the territory of the Republic of Poland for at least 10 years, who fulfils jointly the following conditions: is a holder of an establishment permit, an EC residence permit for a long-term resident, or a permanent residence permit, and has a stable and regular income within the Republic of Poland as well as a legal title to the occupied living premises;
• 7. foreigner residing continuously on the territory of the Republic of Poland for at least 2 years, pursuant to an establishment permit, which he was granted in relation with his/her Polish origin.

Granting of citizenship by the President of the Republic of Poland

• Citizenship can be granted by the President of the Republic of Poland. In this case the President is not examinating any conditions met by foreigner, like lenght of stay etc. Granting a citizenship covers also children of the foreigner who haven't turn 16. If the children of the foreigner turn 16 their consent is required. If only one of parents has granted a citizenship, a child obtain a Polish citizenship only in case when other parent has no parental custody over this child or in case when other parent has given their consent.

Repatriation

• Repatriation is a new institution in a Polish law. It enable to acquire Polish citizenship by persons who were posessing Polish citizenship and lost it before the day of 1 January 1999 and who want to renturn to their homeland.
• Repatriation visa is issued to a residents of countries : Republic of Armenia, Republic of Azarbaijan, Republic of Georgia, Republic of Kazahstan, republic of Kyrgyzstan, Republic of Tajikistan, Republic of Turkmenistan, Republic of Uzbekistan and Asian areas of Russian Federation who were living in above mentioned countries before the Repatriation Act came into force. Moreover, pursuant to Article 10 of Repatriation Act the Council of Ministers can specify other countries or areas of Russian Federation, where the citizens can apply for repatriation visa.