Does the loss of Polish citizenship many years ago permanently close the door to becoming a citizen of the Republic of Poland again? Not necessarily.
Since August 15, 2012, a procedure for the restoration of Polish citizenship has been available, allowing many individuals to regain citizenship they previously lost. This option is particularly relevant to people living abroad whose families emigrated from Poland during the 20th century.
What is the restoration of Polish citizenship?
The institution of restoration of Polish citizenship was introduced by the Polish Citizenship Act of April 2, 2009. However, the relevant provisions did not enter into force until August 15, 2012, and applications for restoration of citizenship have been possible since that date.
Restoration of citizenship is a separate legal procedure and should not be confused with:
- confirmation of possession of Polish citizenship; Read in article: “Do You Have Polish Roots? A Step-by-Step Guide to Confirming Polish Citizenship”
- recognition as a Polish citizen;
- granting of Polish citizenship by the President of the Republic of Poland. Read in article: “Granting of Polish Citizenship by the President of the Republic of Poland – Who Can Apply and What Does the Procedure Involve?”
Each of these procedures is based on different legal grounds and produces different legal consequences.
Who can apply for the restoration of Polish citizenship?
Restoration of Polish citizenship may be available to individuals who:
- previously held Polish citizenship;
- lost it before January 1, 1999.
In practice, this often concerns individuals who lost Polish citizenship as a result of acquiring the citizenship of another country, serving in a foreign military, or making a declaration concerning the loss or renunciation of Polish citizenship under the laws applicable at the relevant time.
What does the restoration procedure look like?
An application for the restoration of Polish citizenship is submitted to the minister responsible for internal affairs.
A key element of the procedure is gathering appropriate documentation confirming:
- the applicant’s previous possession of Polish citizenship;
- the circumstances in which Polish citizenship was lost;
- the applicant’s identity.
In many cases, detailed archival research in Poland and abroad is necessary.
Is the restoration of citizenship automatic?
No. Before issuing a decision, the minister requests information from the competent authorities, in particular:
- the Commander-in-Chief of the Police;
- the Head of the Internal Security Agency;
- other authorities, where required by the circumstances of the case.
These authorities provide information concerning whether the restoration of Polish citizenship could pose a threat to national security, public order, or the defense of the Republic of Poland.
It is also verified whether the applicant acted against Poland, its independence or sovereignty, or participated in violations of human rights.
When is Polish citizenship acquired?
This is one of the most important aspects of the procedure, and one that many applicants are not aware of.
Polish citizenship is restored on the date on which the decision becomes final.
The decision therefore has ex nunc effect, meaning that it produces legal consequences only for the future.
Do children automatically regain citizenship together with their parent?
Because a decision restoring citizenship produces legal effects only for the future, the applicant’s children do not automatically regain Polish citizenship together with the parent.
The situation is different for children born after the decision restoring Polish citizenship has become final. Such children acquire Polish citizenship by operation of law, because at the time of their birth at least one of their parents already holds Polish citizenship.
Restoration or confirmation of Polish citizenship? This is the key question
In practice, many people incorrectly assume that they should apply for the restoration of Polish citizenship, whereas in fact they may never have lost it.
In many cases, it turns out that Polish citizenship was passed down from generation to generation even though the family had been living outside Poland for decades. You can learn more about the confirmation procedure in our article: “Do You Have Polish Roots? A Step-by-Step Guide to Confirming Polish Citizenship”
Do you need assistance with regaining Polish citizenship?
Our law firm specializes in Polish citizenship matters. We assist clients from all over the world with:
- analyzing their family history;
- locating documents in archives in Poland and abroad;
- determining whether and when Polish citizenship was lost;
- preparing applications;
- representing clients in administrative proceedings before the competent Polish authorities.
If your family emigrated from Poland many years ago and you are unsure whether you may be eligible to regain Polish citizenship, contact us. We will carefully analyze your individual circumstances and advise you on the most appropriate legal pathway.
