Polish citizenship, confirmation of Polish citizenship |
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Polish citizenship Act 1951Act on Polish citizenship, January 8, 1951
(came into force on 19 January, 1951)
Dziennik Ustaw - rok 1951, nr 4, poz. 25 (Journal of Laws, 1951 year, No. 4, item 25) SECTION 1 Polish Citizens Art. 1. A Polish citizen cannot be a citizen of another state at the same time. Art. 2. From the date this law goes into force, Polish citizens are those, who: 1) in accordance with the previous laws, are Polish citizens. 2) arrived to People's Republic of Poland as repatriants, 3) were recognized as citizens on the basis of Polish civil law, 28 April 1946, concerning the citizenship of the Polish people with a Polish national, living on the territory seating; Order dated 22 October 1947, concerning Polish citizenship of people living in the former Free City of Gdansk, or in accordance with the said legislation, which was in effect at the time earlier. Art. 3. Proper authority may recognize people as having qualified for Polish citizenship, even if they do not meet the requirements listed in the previous section, which lived in Poland on May 9, 1945, unless they came to Poland with foreign citizenship, and were recognized as foreigners. Art. 4. A person is not considered a Polish citizen, even if on August 31, 1939, he or she had Polish citizenship, but now lives in a foreign country, and: 1) Following the changes in the borders of Poland, became a citizen of another state 2) is of Russian, Ukrainian, Belarusian, Lithuanian, Latvian or Estonian nationality 3) if of German nationality, (unless the spouse of such a person has Polish citizenship and resides in Poland). Art. 5. 1. Marriage between a Polish citizen with a person who is not Polish citizens, does not affect the citizenship of both. 2. If a person changes his/her nationality, it does not affect the citizenship of the spouse. SECTION 2 Receiving Polish Citizenship Art. 6. A child eligible for a Polish citizenship if: 1) it's both parents have Polish citizenship 2) One of the parents is a citizen of Polish nationality, and nationality or identity of the other parent is unknown. Art. 7. A child born or found in Poland, acquires Polish citizenship if both parents are not known or when the citizenship of his parents is unknown. Art. 8. 1. A child who was born in Poland, which one of parents is a Polish citizen, and the other parent is a citizen of another state, acquires Polish citizenship, unless,within one month of birth, both parents before a proper state authority, state unanimously, that they choose the other parent's country of citizenship as the child's country of citizenship, if the law of this country allows acquiring of citizenship in such a way. 2. If parents do not agree on it, any of them may turn to a court to be used in the citizenship switch, within one month from the date of birth of the child. 3. A child, who acquired foreign citizenship, based on small sections 1-2 above, may choose to have Polish citizenship, after it reaches age of 13 years, by the way of submitting a request to the appropriate state authority. Art. 9. Provision of Article 8 above is also valid in relation to children, who were born outside of Poland, and one of their parents is a Polish citizen, assuming that the state, that a parent is a citizen of it, applies the same rules regarding the citizenship of the child of parents with different citizenship. Art. 10. 1. A foreign citizen can obtain Polish citizenship by submitting a request. 2. Receiving Polish citizenship may be dependent on submitting a proof of relinquishing citizenship of another state. 3. Persons who came to Poland as repatriants, in accordance with rules established by the appropriate authorities, shall receive Polish citizenship by law. SECTION 3 Loss of Polish Citizenship Art. 11. 1. A Polish citizen is permitted to obtain foreign citizenship only after receiving the consent of Polish authorities. 2. Agreement to change citizenship given to parents, also affects their minor children. 3. Agreement to change citizenship given to one of the parents affects the child, when the other parent is not a Polish citizen,or while being a Polish citizen, has agreed to it before the proper authority . If the other parent does not agree, or the case has extraordinary difficulties, it shall be decided by a court. 4. Agreement affects children of age over 13 years, only if the child gave consent. 5. Obtaining foreign citizenship (art 1-4) leads to the loss of Polish citizenship. Art. 12. 1. Polish citizenship of a Polish citizen living abroad, can be revoked, if he or she: 1) violated the duty of loyalty to Poland. 2) acted to harm vital interests of People's Republic of Poland. 3) illegally left the territory of Poland after May 9, 1945. 4) refused to return to Poland upon authorities demand. 5) dodged the compulsory military service. 6) was tried for a crime or offense, or is a serial offender. 2. Children of the same man who lost Polish citizenship, can also lose their Polish citizenship if they live abroad and are less than 13 years old. SECTION 4 Procedure Art. 13. 1. National Committee decides on the question of grant or denial of Polish citizenship. 2. Requests for revoking of Polish citizenship are to be submitted by the Prime Minister. 3. Publication of a statement of revoking of Polish citizenship in "Monitor Polski" will be a replacement for a delivered message. Art. 14. Committee of Ministers is to decide which authorities shall receive all the decisions in all cases related to Polish citizenship, except for cases reserved for the National Comittee. SECTION 5 Temporary and finalized provisions: Art. 15. 1. Decisions, which were received before 1 September 1939, based on the regulations dated 31 March 1938, regarding the revoking of Polish citizenship (Dz. U. R. P. Nr 22, poz. 191) are not legally valid in relation to those, who at the date of validation of this law, live in Poland. 2. National Committee can restore the citizenship of people who lived outside Poland were deprived of citizenship on the basis of the previous section, if they are not returned Polish citizenship by previous article already. Art. 16. Provisions of this Act are also valid in relation to children born or found in Poland before the validation day of this Act. Art. 17. 1. Previous Acts regarding Polish citizenship, which are covered in this Act, are no longer in force. 2. In particular: 1) The Act dated 20 January 1920, on Polish citizenship and amendments later. 2) The Act dated 26 September 1922, regarding the free choice of Polish citizenship by the citizens of the former Austrian Empire or kingdom of Hungary, or the free choice of foreign nationality by residents of the states passed these, who are owners of Polish citizenship. 3) The Act dated 31 March 1938, regarding the revoking of Polish citizenship. 4) The Act dated 28 April 1946, concerning the citizenship of the Polish people with a Polish national, living on the territory of "Ziemie Odzyskane". 5) An order dated 22 October 1947, regarding the citizenship of the Polish people living in the former Free City of Gdansk. 6) Section 110 of the General Military Service Obligation Act dated 4 February 1930. Art. 18. National Committee and Prime Minister will be appointed to carry out this law. Art. 19. The law will take effect with publication. 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