The Polish laws, or rather how they are interpreted, are quite complex. Basically, if one of your parents was born in Poland (provided they were born as Polish citizens), technically, you already are a Polish citzen. So, what you would be applying for is CONFIRMATION of your Polish citizenship, not Polish citizenship. This is an important distinction. You can also apply if one of your grandparents was born in Poland. Confirmation of PL citizenship can be done via a PL consulate but can also be done in person or through an authorised representative directly in Poland, at the Voivodship Office in Warsaw. You would need to submit evidence of your PL heritage, such as your parent's PL passport, residential address confirmation, military booklet, International Refuge Organisation travel document, school certificates etc, to prove that they have held Polish citizenship. You will also need to submit your birth certificate, copy of passport and documents related to your parent, such as their birth certificate, marriage certificate and a few forms. Note that being born in Poland is no proof of citizenship, which is the case in many other countries also. Everything needs to be translated into Polish. Note that depending on your particular circumstances, your parent's citizenship may also have to be confirmed, especially if you are applying under your grandparent. If you parent/grandparent has ever lived in Poland, this is done at one of the 15 regional centres (Voivodeship Offices) of their last place of residence.
The second part of the procedure is applying for your PL birth certificate (yes, this is done even though you were born overseas), at the Warsaw-Srodmiescie Civil Registry Office. Once you have both, you can apply for your Polish passport.
Some further advice:
1. You need to be sure that you are eligibile before you apply, otherwise you are wasting your time and money. There are several eligibility criteria, including dates of births of your ancestors (as legislation changed over the years in Poland), military service, acquisition of foreign citizenship etc.
2. Check all your vital records (birth certificates) issued by overseas countries for discrepancies, such as Andrew instead of Andrzej, Kowaslki instead of Kowalski etc. This creates major problems in Poland if not corrected at source. Most people of PL descent I have dealt with have discrepancies in their vital records.
3. Be prepared to wait (12 months to up to 3-4 years), particularly if you lodge via a consulate. Best way to do this is to nominate a family member or an authorised person who can make enquiries on your behalf in Poland and respond to any enquiries the VO might have. Delays are mostly caused by discrepancies in vital records, lack of Polish documents, Voivodship Office making their own enquiries at the Institute of National Rememberance (can take months) and incorrect certification of originals submitted at VO.
4. Because the Polish government doesn't actually tell you what you should lodge (the onus of proof is on you), the best way is to submit as many Polish documents as you can find (via family channels and archives).
Polaron does this commercially but we do have a Pro Bono program for those who cannot afford our fees. I am happy to send you an application form, just email me at info@polaron.com.au We take a couple of cases a year, from those that are trully deserving and committed to the process.
Regards to all!
Eva (polaron.com.au)
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