Claiming Polish Citizenship: A Comprehensive Guide
Considering the intricate legalities surrounding Polish citizenship and its transmission, this article aims to provide a detailed understanding of the possibilities for claiming Polish citizenship as a descendant of a Polish mother born in the 1930s and living in Poland until the late 1960s, and how this could potentially be passed down to you.
Introduction to Polish Citizenship Laws
Polish citizenship laws, like many nations', have specific criteria and procedures for individuals seeking to claim citizenship or have it passed down to their children. Understanding these laws is crucial for anyone with a familial connection to Poland.
Transmitting Polish Citizenship
As a descendant of a Polish mother, the most direct way to claim Polish citizenship is through your father. According to the Polish Citizenship Act, Polish citizenship can be passed only to underage descendants of Polish citizens. However, there are scenarios where this can be circumvented with the help of appropriate documentation.
Choosing Foreign Citizenship
Even if neither your father nor you are underage, the parents of a child born abroad can choose the foreign state's citizenship on behalf of their child within three months of the birth. This decision must be made by signing an affidavit before proper Polish authorities. This process allows for the child to acquire the citizenship of one of the parents who is not a Polish citizen.
Regaining Lost Polish Citizenship
For those who lost Polish citizenship in childhood due to a parent's actions, regaining it is possible by submitting a parent's declaration within four years of turning 16. This process also involves signing an affidavit. It's worth noting that this option is available only if the individual turns 16 before entering the legal age for passport issuance.
Implications for You and Your Father
While your grandmother may have her Polish citizenship restored, it doesn't necessarily affect the citizenship status of your father or yours. The eligibility for Polish citizenship depends on whether you and your father meet the criteria outlined in the Polish Citizenship Act.
Article 30 of the Polish Citizenship Act
According to Article 30 section 1 of the Polish Citizenship Act, a person is recognized as a Polish citizen if they are the alien minor in the parental custody of a Polish citizen whose Polish citizenship has been restored, and the minor resides legally within the territory of the Republic of Poland on a permit to settle or a right of permanent residence.
Interestingly, this provision strictly applies to minors and requires the consent of the other custodial parent to be recognized as a Polish citizen. Therefore, both you and your father may apply for Polish citizenship, making it a strong argument for your case.
Application and Legal Advice
The decision to recognize Polish citizenship is made by the Polish President and is not subject to legal appeal. However, preparing an application carefully, with the help of a competent lawyer, is highly recommended. A skilled attorney in this field can provide the necessary guidance and support to make the process smoother.
Conclusion
As a descendant of a Polish mother who lived in Poland until the late 1960s, you and your father may have the opportunity to claim Polish citizenship. Understanding the legal processes and securing professional assistance can significantly increase the chances of a successful application. The decision, ultimately, lies with the Polish President, making careful preparation even more important.
For further information or help with the application process, consider consulting with a knowledgeable legal professional specializing in Polish immigration law.