LAW OF FEBRUARY 15, 1962 ON POLISH CITIZENSHIP

Transcription

1 LAW OF FEBRUARY 15, 1962 ON POLISH CITIZENSHIP Date of entry into force: [The original document was published in the Journal of Laws, No. 10, Item 49.] Table of Contents SECTION 1 - POLISH CITIZENS Article 1 Article 2 Article 3 SECTION 2 - ACQUISITION OF POLISH CITIZENSHIP Article 4 Article 5 Article 6 Article 7 Article 8 Article 9 Article 10 Article 11 Article 12 SECTION 3 - LOSS OF CITIZENSHIP Article 13 Article 14 Article 15 SECTION 4 - COMPETENCE OF AUTHORITIES 1 Source:

2 Article 16 Article 17 Article 18 SECTION 5 - TRANSITIONAL AND FINAL PROVISIONS Article 19 Article 20 Article 21 SECTION 1 - POLISH CITIZENS Article 1 Persons having Polish citizenship under current regulations become Polish citizens on the day the Law comes into force. Article 2 A person who is a Polish citizen under Polish law cannot be recognized at the same time as a citizen of another state. Article 3 Conclusion of marriage by a Polish citizen with a person who is not a Polish citizen does not effect the citizenship of either the husband or the wife. Change of citizenship of either the husband or the wife does not effect the citizenship of the other. SECTION 2 - ACQUISITION OF POLISH CITIZENSHIP Article 4 The acquisition of Polish citizenship by birth occurs when: both parents are Polish citizens, or when only one of them is a Polish citizen and the other is unknown or his/her citizenship is undetermined or he/she has no citizenship. Article 5 When both parents are unknown or their citizenship is undetermined, or they have no citizenship, their child shall acquire Polish citizenship only if it is born or was found on Polish territory. Article 6 The child of parents, one of whom is a Polish citizen and the other a citizen of another state, acquires Polish citizenship by birth. However the parents can, within three months from the child's birth, submit to a competent authority their concordant declaration stating that they choose for their child the citizenship of the foreign state

3 of which one of the parents is a citizen, if under the law of the foreign state, that child will acquire its citizenship. If the parents do not come to an agreement, then within three months from the child's birth either one of them can apply to a Polish Court for a judgment. A child which acquired foreign citizenship in accordance with item 1 or 2 shall acquire Polish citizenship if between its sixteenth birthday and six months after it has reached full legal age (s)he submits an appropriate declaration to a competent Polish authority and that authority decides to accept such declaration. Article 7 Changes with regards to establishing a person or determining the citizenship of one or both of the parents shall be taken into consideration when determining the citizenship of the child, if these changes occur within twelve months after the child's birth. The three months period of which mention is made in article 6, point 1 and 2 shall commence on the day the changes were determined. Changes with regards to establishing the father, resulting form a Court decision based on a claim to exclude fatherhood or the annulment of recognition, are subject to consideration when determining the child's citizenship, unless the child has reached the full legal age. If the child is sixteen years of age or over, change in citizenship can only be effected with the consent of the child. Article 8 A foreign citizen may be granted Polish citizenship at his/her request provided that he/she has been residing in Poland for at least five years. In special justified instances a foreign citizen may be granted Polish citizenship at his/her request although he/she does not meet the requirements specified in point 1. Granting Polish citizenship may be dependant on submitting evidence of loss of or release from foreign citizenship. Granting Polish citizenship to both parents covers also children remaining under their parental authority. Granting citizenship to only one of the parents covers the children only when: 1 the children remain only under the parental authority of that parent, or 2 the other parent is a Polish citizen, or 3 the other parent submits to a competent authority his consent for the child to be granted Polish citizenship. Children remaining under guardianship may be granted Polish citizenship only with the consent of the guardian expressed in a special declaration submitted to the appropriate authority after requirements of the appropriate foreign law have been fulfilled. The granting or extension of the granting of Polish citizenship to children, who are sixteen years of age or over shall take place only with the consent of the children. Article 9

4 A person who has no citizenship or whose citizenship is undetermined can be recognized as a Polish citizen if that person has been residing in Poland for at least five years. Recognition of a person as a Polish citizen takes place upon a motion submitted by that person. Recognition of a person as a Polish citizen covers the children of the person recognized as a Polish citizen if the children are residing in Poland. 4. Provisions of article 8, point 4-7 are appropriately applied. Article 10 A foreign woman who enters into marriage with a Polish citizen acquires Polish citizenship if she submits within three months from the date of marriage an appropriate declaration to a competent authority and that authority issues a decision accepting such declaration. The acceptance of the declaration may depend on submitting evidence of loss of or exemption from foreign citizenship. Article 11 A woman who has lost her Polish citizenship by acquisition of foreign citizenship as a result of or in connection with her entering into marriage with a foreign citizen shall recover her Polish citizenship if after the marriage ceases to exist she submits an appropriate declaration to a competent authority and that authority issues a decision accepting such declaration. The acceptance of the declaration may depend on submitting evidence of loss of or exemption from foreign citizenship. Article 12 Persons arriving to Poland as repatriates acquire Polish citizenship by the force of law. Under this Law a repatriate is a foreign citizen of Polish nationality or Polish parentage, who arrived in Poland to take up permanent residence and who obtained permission from the appropriate Polish authority. Children of repatriates remaining under their parental authority also acquire Polish citizenship. However, if only one of the parents is a repatriate, the acquisition by such child of Polish citizenship requires the consent of the other parent, written in an appropriate declaration and submitted to the appropriate Polish authority. Children remaining under parental authority shall acquire Polish citizenship through repatriation providing their guardian submits his/her consent in a written declaration to the appropriate Polish authority. Pursuant to point 3 and 4, the acquisition of Polish citizenship by a child of sixteen years of age or over shall take place only with the consent of the child.

5 A person who acquired Polish citizenship and then later lost his Polish citizenship shall not be able to re-acquire Polish citizenship in this manner. SECTION 3 - LOSS OF CITIZENSHIP Article 13 Subject to exceptions provided by this Law a Polish citizen may acquire foreign citizenship only with the consent of the appropriate Polish authority permitting such change of citizenship. The acquisition of foreign citizenship automatically results in the loss of Polish citizenship. Permission for change of citizenship granted to parents covers also children remaining under their parental authority. Permission granted to only one of the parents shall cover children remaining under his/her parental authority when the other parent has no parental authority or when the other parent is not a Polish citizen or when that parent being a Polish citizen submits his consent to a competent authority for the children to change their citizenship. When the other parent, being a Polish citizen, objects to the change of citizenship of the children or when the parents are unable to reach mutual understanding then each of the parents may apply for judgement to a Polish Court. 5. Permission to change citizenship shall cover children of sixteen years of age or over only with their consent. Article 14 A female Polish citizen, who: 1 acquires foreign citizenship under foreign law as a result of or in connection with her entering into marriage with a foreign citizen, or 2 while having foreign citizenship acquires Polish citizenship as a result of or in connection with her entering into marriage with a Polish citizen, and that marriage ceases to exist and the person in question under foreign law still retains her foreign citizenship, then she shall lose her Polish citizenship by submitting an appropriate declaration to the competent Polish authority when the declaration is approved by this authority. Article 15 1 A Polish citizen residing abroad may be deprived of his/her citizenship if he/she: violated the duty of loyalty towards the Polish People's Republic; acted against the vital interests of the Polish People's Republic; illegally left the territory of the Polish People's Republic after May 9, 1945; refused to return to Poland when summoned to do so by the appropriate state authority; evaded military duty as required under Polish law;

6 was sentenced abroad for an offence defined as a common crime under Polish law or if he/she is a recidivist; 2. If it is impossible to deliver the judgement confirming the loss of Polish citizenship directly to the person interested or if that person refuses to accept such judgement, than the display of the judgement confirming loss of citizenship in the appropriate Polish Consular Office for a period of fourteen days shall supersede delivery of the judgement itself. SECTION 4 - COMPETENCE OF AUTHORITIES Article 16 Granting citizenship, permission to change citizenship and deprivation of Polish citizenship can only be decreed by the Council of State. Permission to change Polish citizenship is granted upon a motion of the Minister of Internal Affairs and deprivation of Polish citizenship is effected upon a motion of the Minister of Foreign Affairs. The Council of State may grant the Minister of Foreign Affairs powers to issue permission to change Polish citizenship to persons residing abroad as well as give approval to the Minister of Foreign Affairs to transfer decisions in such matters to the heads of some Consular Offices. Persons residing in Poland submit applications for Polish citizenship and permission to change Polish citizenship to the Internal Affairs Department of the Praesidium of District (County) National Councils and persons residing abroad to the Polish Consular Offices. Article 17 Recognition of Polish citizenship is adjudged by the Internal Affairs Department of the Praesidium of the Regional (Voivodship) National Council. In matters specified under article 6 item 3, article 10, 11 and 14 decisions are adjudged by: 1 the Internal Affairs Department of the Praesidium of Regional (Voivodship) National Council - with regards to persons living in Poland; 2 Polish Consular Office - with regards to persons living abroad. Declarations for acquiring foreign citizenship (article 6, item 1) and giving consent for the acquisition or change of Polish citizenship by the children (article 8, item 5, point 3 and item 6, article 12, item 3 and 4 and article 13 item 3) are accepted by: 1 the Internal Affairs Department of Praesidium of District (County) National Council from persons living in Poland; 2 the Polish Consular Office from persons living abroad. Possession and loss of Polish citizenship is ascertained by the Internal Affairs Department of the Praesidium of District (County) National Council.

7 In matters submitted to Court for judgement (article 6, item 2, article 13, item 4) decisions are taken by a Polish Court. The competent Court is the District (County) Court acting as guardianship authority. The jurisdiction of the Court is defined according to the child's place of permanent residence in Poland, and if the child has no place of permanent residence in Poland than the child's place of stay. In the absence of such basis the competent Court shall be the District (County) Court for the City of Warsaw. Article 18 The jurisdiction of the Internal Affairs Department of the Praesidium of the National Council shall be determined on the following basis, in the following order of importance: the place of permanent residence of the person being the subject of proceedings; place of stay of that person; finally the person's place of last residence or stay. In the absence of such basis the competent authority shall be the Internal Affairs Department of the Praesidium of the National Council for the City of Warsaw when decisions lie within the Voivodship level jurisdiction (article 17, item 1 and item 2, point 1) or the Internal Affairs Department of the Praesidium of District National Council for the district of Warsaw - Sródmiescie when decisions lie within the jurisdiction of the district (county) authorities (article 17, item 3, point 1 and item 4). Jurisdiction of the Consular Office (article 17, item 2, point 2 and item 3, point 2) shall be determined by the place of residence of the person being the subject of proceedings and if that person has no place of residence then the person's place of stay. The provisions of this Law with regards to Internal Affairs Departments of the Praesidium of Regional (Voivodship) National Councils shall apply appropriately to Internal Affairs Departments of the Praesidium of National Councils of towns detached from regions (voivodships) and the provisions concerning Internal Affairs Departments of Praesidium of District (County) National Councils to the Internal Affairs Department of Praesidium of National Councils of towns representing district and district national councils of towns detached from voivodships. SECTION 5 - TRANSITIONAL AND FINAL PROVISIONS Article 19 Persons who acquired Polish citizenship under the provisions of articles 2a and 3, item 2 of the Law of Polish Citizenship dated January 20, 1920 (Journal of Laws No. 7, item 44 with amendments) shall not be deemed as Polish citizens if they have citizenship of a foreign state and reside abroad. Article 20 This Law replaces the Law of January 8, 1951 on Polish citizenship. (Journal of Laws, No. 4, item 25). Article 21 This Law comes into force six months after its announcement.