![\"\"](\"https:\/\/www.jhi.pl\/themes\/jhi\/images\/logoen.png\")
<\/a>Confirmation of Polish citizenship<\/a><\/strong><\/span><\/h3>\n\u017bydowski Instytut Historyczny<\/strong><\/span><\/p>\n Mazowiecki Provincial Office, Warsaw<\/span><\/em><\/span><\/p>\n This article was written as a result of interviews with Ms Agata Ewerty\u0144ska, Deputy Director of the Department for Foreigners of the Mazovian Voivodeship Office in Warsaw and Mr Mateusz Sora, Director of the Department of Citizenship and Repatriation of the Ministry of Internal Affairs.<\/strong><\/p>\n Applications for the confirmation of the status of Polish citizenship are lodged with the relevant local Voivode whereas applications for reinstatement of Polish citizenship are lodged with the Minister for Internal Affairs. As part of the process of confirmation of Polish citizenship, the applicants must show their ancestors were Polish citizens and that no event took place in the lives of the applicants or their ancestors indicating loss of citizenship.<\/span><\/p>\n In the past, Polish citizenship regulations were more restrictive and, generally speaking, countries around the world preferred to limit the number of people with dual citizenship. In Poland, after independence was regained, pursuant to the 1920 Act on Citizenship of the State of Poland, people\u2019s citizenship could be lost without their knowledge.<\/span><\/p>\n . The current regulations applicable in\u00a0Poland, commencing with the 1951 Act, allow for dual citizenship. Polish citizenship is\u00a0acquired through one\u2019s parents \u2013\u00a0this is\u00a0regulated by\u00a0the so-called law of\u00a0blood (ius sanguinis<\/em>). Therefore, it\u00a0is\u00a0important to\u00a0determine whether one of\u00a0the applicant\u2019s parents was a\u00a0Polish citizen. Additionally, the so-called law of\u00a0soil(ius soli)applies, as\u00a0per the first Citizenship Act of\u00a01920, followed by\u00a0the Acts of\u00a01941, 1962 and 2009. In\u00a0all of\u00a0these, the law of\u00a0soil applies as\u00a0supportive legislation in\u00a0relation to\u00a0children that were abandoned, lost and found or\u00a0whose citizenship was undetermined. In\u00a0most cases, people applying to\u00a0the Polish authorities who wish to\u00a0confirm their Polish citizenship need in\u00a0fact to\u00a0establish in\u00a0the first instance whether their parents or\u00a0grandparents were Polish citizens.<\/span><\/p>\n Is completing the application form the first step in\u00a0applying through your office?<\/strong><\/p>\n The Mazovian Voivodeship Office has set up a special information unit for people wishing to verify their Polish citizenship status. Our officers provide instructions on where to start: where the documents can be found, what is involved in the procedure, what are the obligations of the applicant and how the Office can assist its clients. Enquiries can be made over the phone or in person. We can also help with filling in the forms. Languages we assist in are Polish, English and Russian.<\/span><\/p>\n .<\/p>\n Earlier, you mentioned \u201cchecking\u201d if\u00a0one of\u00a0the ancestors was a\u00a0citizen, does it\u00a0mean that part of\u00a0the responsibility for verifying one\u2019s citizenship status lies with your Office?<\/strong><\/p>\n No. The current Act and its legal interpretation mean that most of\u00a0the documentation is\u00a0to\u00a0be\u00a0submitted by\u00a0the person wanting to\u00a0verify their citizenship status.<\/span><\/p>\n From the point of\u00a0view of\u00a0people who are going through the process of\u00a0verifying their citizenship and after a\u00a0year of\u00a0the new Act being in\u00a0force, what would you say are the key differences in\u00a0comparison to\u00a0the previous legal system?<\/strong><\/p>\n The applicants are required to\u00a0lodge documentation confirming their Polish citizenship. It\u2019s a\u00a0legal obligation and applies to\u00a0all documents that can confirm their Polish citizenship status. And although their Polish citizenship might have been lost pursuant to\u00a0various Acts, for us\u00a0to\u00a0assess their case, it\u00a0is\u00a0important to\u00a0determine whether the person was born before or\u00a0after their mother or\u00a0father lost his or\u00a0her citizenship<\/span>. Good Conduct Certificate of\u00a0Masza Brykman, evidence of\u00a0her unpunishability in\u00a0the past 5\u00a0years<\/em><\/span><\/p>\n Family archives of\u00a0the Jewish Genealogy at\u00a0the JHI<\/span> If the applicant does not have proof of\u00a0citizenship but does have the proof of\u00a0loss of\u00a0citizenship and a\u00a0birth certificate dating prior to\u00a0that event, is\u00a0it\u00a0the same as\u00a0having confirmation of\u00a0citizenship?<\/strong><\/p>\n In these circumstances, we\u00a0assess whether the evidence is\u00a0sufficient. If\u00a0the person is\u00a0able to\u00a0show significant difficulties, we\u00a0can then request research to\u00a0be\u00a0carried out in\u00a0the national archives via official channels. The applicant must, however, show their inability to\u00a0find the documents on\u00a0their own \u2013\u00a0which is\u00a0also a\u00a0new element introduced by\u00a0the Act. Of\u00a0course, it\u00a0could be\u00a0that the person is\u00a0for some reason unable to\u00a0acquire the documentation. Then the burden of\u00a0initiating the research will rest with our Office. So\u00a0the process prior to\u00a0the implementation of\u00a0the 2009 Act, whereby the applicant would submit the passport details and the office would \u201eblindly\u201d start looking for documents no\u00a0longer exists. Any applicant claiming that his or\u00a0her father or\u00a0mother, grandfather or\u00a0great grandfather or\u00a0all of\u00a0them were Polish citizens, must provide documentation to\u00a0prove it. Request of\u00a0Hersz Gelbart, appealing for his wife Rywka and son Abram to\u00a0join him in\u00a0Brazil, where he\u00a0lived and worked.<\/em><\/span><\/p>\n \n What is\u00a0the process of\u00a0verifying that a\u00a0person did not renounce or\u00a0lose their Polish citizenship? Or\u00a0is\u00a0it\u00a0assumed?<\/strong><\/p>\n If the autobiography or\u00a0other documents indicate loss of\u00a0citizenship, for example that the applicant\u2019s father immigrated to\u00a0Israel before 1951 and became an\u00a0Israeli citizen, it\u00a0is\u00a0assumed \u2013\u00a0as\u00a0a\u00a0result of\u00a0compulsory military service there \u2013\u00a0that he\u00a0served in\u00a0Israeli army and, as\u00a0a\u00a0consequence, lost his Polish citizenship. In\u00a0such cases, the applicant must prove the assumption unfounded by\u00a0providing appropriate documentation to\u00a0show that the father did not lose his citizenship after all because, for example, he\u00a0did not serve in\u00a0the Israeli army.<\/span><\/p>\n Army service in\u00a0foreign states meant loss of\u00a0Polish citizenship until 19.01.1951. People who were conscripted into a\u00a0foreign army in\u00a0a\u00a0foreign state lost their Polish citizenship. World War II\u00a0was an\u00a0exception.<\/span><\/p>\n If there is\u00a0no\u00a0evidence to\u00a0indicate loss of\u00a0citizenship, I\u00a0understand that it\u00a0is\u00a0assumed that the event did not occur?<\/strong><\/em><\/p>\n That\u2019s exactly right. However, just one word on\u00a0a\u00a0document can indicate such an\u00a0eventuality and we\u00a0are required to\u00a0check if\u00a0it\u00a0concerns the period of\u00a0time during which loss of\u00a0citizenship may have occurred. Sometimes, this information may come from a\u00a0consul. Pursuant to\u00a0the 1920 Act, just joining the military service without the permission of\u00a0the Polish authorities was sufficient, and people who did not apply for a\u00a0Polish passport at\u00a0a\u00a0later stage, did not realise their citizenship was lost. Similar rules applied to\u00a0holding a\u00a0public office in\u00a0a\u00a0foreign state. In\u00a0such cases, the loss of\u00a0citizenship occurred automatically.<\/span><\/p>\n And what about rabbis?<\/strong><\/em><\/p>\n In Poland, rabbis were considered civil registry officers until 1946 and received a\u00a0salary. So\u00a0if\u00a0someone was a\u00a0rabbi, as\u00a0a\u00a0government official, they had to\u00a0have Polish citizenship and therefore his children were automatically Polish citizens.<\/span><\/p>\n I understand, however that since the law does not work retrospectively, the issue is\u00a0not so\u00a0much whether the person was a\u00a0rabbi but whether this information reached the Polish authorities of\u00a0the day and as\u00a0a\u00a0consequence, the person lost his Polish citizenship?<\/strong><\/em><\/p>\n No. It\u2019s not that rule. In\u00a01951, the loss of\u00a0citizenship occurred automatically, in\u00a0other words, the moment that an\u00a0event took place, for example by\u00a0someone accepting public office in\u00a0a\u00a0foreign state. There was no\u00a0decision issued as\u00a0such and it\u00a0didn\u2019t matter if\u00a0the Polish authorities knew about it\u00a0or\u00a0not. Nevertheless, this information was often entered into residential registers where it\u00a0can be\u00a0currently found. The Polish consul \u2014\u00a0if\u00a0he\u00a0or\u00a0she knew about it\u00a0\u2013\u00a0would then have the ability to\u00a0pass this information on\u00a0and if\u00a0we\u00a0can confirm that the information did reach Poland at\u00a0the time, this in\u00a0effect proves loss of\u00a0citizenship.<\/span><\/p>\n How often would this type of\u00a0information get to\u00a0Poland?<\/strong><\/p>\n Almost every time. Craftsman ID\u00a0of\u00a0Herszko Gelbert, Polish citizen issued in1930.<\/em><\/span><\/p>\n Did these documents mostly survive?<\/strong><\/p>\n It depends on\u00a0the region; in\u00a0some areas, documents survived the war. Generally speaking, approximately 70% of\u00a0residential registers remain intact.<\/span><\/p>\n In your opinion, is\u00a0the loss of\u00a0citizenship by\u00a0the applicant or\u00a0the applicant\u2019s ancestor exactly the same as\u00a0never actually having citizenship?<\/strong><\/p>\n From the legal view point, a\u00a0person who lost their citizenship can apply to\u00a0have it\u00a0reinstated. If\u00a0the person\u2019s ancestors had Polish citizenship and lost it, they can use this circumstance to\u00a0apply for Polish citizenship.<\/span><\/p>\n Does your office check documents in\u00a0registers such as\u00a0PRADZIAD, ELA, etc.?<\/strong><\/p>\n Yes, we\u00a0do\u00a0use them. However, less so\u00a0nowadays, since the onus of\u00a0submitting documents has been transferred onto the applicant. We\u00a0frequently advise applicants, however, where the relevant information and documents might most likely be\u00a0located. Our role is\u00a0mostly to\u00a0verify the information supplied \u2013\u00a0even if, according to\u00a0the applicant, it\u00a0is\u00a0not indicated at\u00a0all whether loss of\u00a0citizenship occurred.<\/span><\/p>\n How does your office view people who left Poland during, or\u00a0just following World War I,\u00a0when they were not able to\u00a0be\u00a0included in\u00a0the process of\u00a0receiving their citizenship in\u00a0the Republic of\u00a0Poland?<\/strong><\/p>\n Legal precedent in\u00a0these matters is\u00a0already established. The names of\u00a0people who immigrated before 1920, when the Act was adopted, were entered in\u00a0the permanent residents register. If\u00a0their names can be\u00a0found in\u00a0the registers \u2013\u00a0also depending on\u00a0where they left to\u00a0\u2013\u00a0they can claim citizenship. So\u00a0for example, in\u00a0the United States, people could advise the consul they were of\u00a0Polish origins and could acquire Polish citizenship. The law of\u00a0soil was in\u00a0force in\u00a0Poland specifically so\u00a0that the status of\u00a0people who immigrated earlier or\u00a0who, due to\u00a0the changes in\u00a0borders found themselves outside of\u00a0Poland could be\u00a0regulated. In\u00a0this case, the entries in\u00a0the permanent resident registers are the basis of\u00a0the assessment. The applicant must also prove that he\u00a0or\u00a0she did not acquire foreign citizenship. At\u00a0the time, the law allowed only one citizenship.<\/span><\/p>\n If the person left the Polish territories before independence was announced, or\u00a0shortly thereafter, but without any proof of\u00a0citizenship, the descendent of\u00a0the person can claim his or\u00a0her rights in\u00a0a\u00a0variety of\u00a0ways, depending on\u00a0the area of\u00a0partition concerned. In\u00a0the case of\u00a0the Russian partitioned territories \u2013\u00a0and here we\u00a0need to\u00a0distinguish between the Polish Principality and the Russian Empire \u2013\u00a0the state registers would have to\u00a0be\u00a0found, namely to\u00a0include city dwellers, noblemen, etc. In\u00a0those cases, we\u00a0are talking about a\u00a0relic of\u00a0the feudal system in\u00a0the territories partitioned by\u00a0Russia. The agreement between Poland and USSR required the USSR to\u00a0return these documents, amongst others, to\u00a0Poland, but it\u00a0happened in\u00a0very few cases only. We\u00a0know, for example, that the city of\u00a0Grodno has a\u00a0very good archive, and it\u00a0does provide information locally, charging very high fees.<\/span><\/p>\n Co je\u015bli potrzebujemy potwierdzi\u0107, \u017ce dosz\u0142o do zmiany nazwiska podczas emigracji, albo niedok\u0142adnie zapisano dat\u0119 urodzenia?\u00a0<\/em><\/strong><\/p>\n W takiej sytuacji to\u00a0wnioskodawca musi nam uprawdopodobni\u0107 wszelkimi mo\u017cliwymi \u015brodkami, \u017ce\u00a0chodzi o\u00a0t\u0119\u00a0sam\u0105 osob\u0119. Oceniamy ka\u017cdy przypadek osobno i\u00a0nie ma\u00a0sytuacji z\u00a0g\u00f3ry wykluczaj\u0105cych, tylko dlatego, \u017ce\u00a0w\u00a0dokumentach np. ameryka\u0144skich funkcjonuje inne imi\u0119 i\u00a0nazwisko. Nie mamy wiedzy kompletnej, wi\u0119c korzystamy z\u00a0instytucji, kt\u00f3re si\u0119 w\u00a0tym specjalizuj\u0105; wyst\u0119powali\u015bmy te\u017c w\u00a0takich sprawach o\u00a0pomoc do\u00a0\u017bydowskiego Instytutu Historycznego.<\/span><\/p>\n Survivor registration card of\u00a0the Central Committee of\u00a0Jews in\u00a0Poland<\/em><\/span><\/p>\n What does the law say about people who left Poland as\u00a0a\u00a0result of\u00a0the 1968 events?<\/strong><\/em><\/p>\n This issue has been quite clear for some time now \u2013\u00a0these people have not lost their Polish citizenship. The problem is\u00a0that they have rejections dating back several years in\u00a0relation to\u00a0their confirmation of\u00a0citizenship. You cannot assess the same thing twice, so\u00a0the applicants cannot apply for the confirmation of\u00a0their citizenship again. They can, however, appeal the previous decision and overturn it.<\/span><\/p>\n How can access to\u00a0permanent resident register be\u00a0obtained?<\/strong><\/p>\n The registers can be\u00a0found in\u00a0local branches of\u00a0the National Archives. Some of\u00a0them have been indexed. We\u00a0consult the database of\u00a0the National Archives where the relevant registers from cities and villages are held. If\u00a0no\u00a0other citizenship is\u00a0shown in\u00a0the registers, the person residing in\u00a0those areas was most likely a\u00a0Polish citizen. We\u00a0then assess whether the loss of\u00a0citizenship occurred and, of\u00a0course, the applicant must show his or\u00a0her relationship to\u00a0the person in\u00a0question. The cases of\u00a0people originating from West Ukraine are different. They have to\u00a0apply for documents from the archives themselves or\u00a0provide a\u00a0certificate confirming the records did not survive. There are, however, other documents: very well preserved voting registers, the Beyond the Bug River Archives or\u00a0civil registry office records. Even if\u00a0permanent resident registers of\u00a0the population did not survive, vital records from the town or\u00a0village may indicate permanent residence of\u00a0the ancestor and other family members there, and this assists in\u00a0proving the applicant\u2019s ancestry.<\/span><\/p>\n What was the condition of\u00a0being registered in\u00a0the permanent resident register? Would people have to\u00a0spend a\u00a0specific number of\u00a0years in\u00a0an\u00a0area?<\/strong><\/p>\n The authorities at\u00a0the time had to\u00a0confirm that a\u00a0person was a\u00a0permanent resident. We\u00a0don\u2019t know, whether there have been cases of\u00a0people who were not in\u00a0the registers who did consider themselves permanent residents. In\u00a0those documents, the head of\u00a0the family is\u00a0listed, date of\u00a0birth, often the occupation and other notes, for example, that the family moved from another town.<\/span><\/p>\n Sometimes, people immigrating out of\u00a0Poland did not have a\u00a0passport but other documents survived, such as\u00a0certificates of\u00a0good conduct, issued by\u00a0people who received Polish passports for immigration purposes, medical certificates, ship passenger lists. These types of\u00a0documents should also be\u00a0submitted. The Central Army Archives could also be\u00a0helpful in\u00a0many cases because people who served in\u00a0the army were Polish citizens. The Archives have a\u00a0relevant catalogue, but, to\u00a0be\u00a0able to\u00a0find details, you need to\u00a0indicate the army unit. Only the officers\u2019 details are catalogued alphabetically.<\/span><\/p>\n Is it\u00a0possible, let\u2019s say for an\u00a0extra payment, to\u00a0find someone in\u00a0the army archives using a\u00a0different index, when we\u2019re looking for a\u00a0private or\u00a0non-commissioned officer and the unit they served in\u00a0is\u00a0unknown?<\/strong><\/p>\n We\u2019re afraid not, as\u00a0this is\u00a0simply how the catalogues are indexed by\u00a0the Central Army Archives. We\u00a0often apply just with the name. The workers at\u00a0the Archives are sometimes able to\u00a0find the person by, for example, a\u00a0person\u2019s uniform, which shows the unit (colour of\u00a0the band on\u00a0the hat, platoon insignia) or\u00a0the place where the platoon was stationed. Sometimes, we\u00a0might receive a\u00a0reply that the person\u2019s details cannot be\u00a0found due to\u00a0the above reasons, but the applicants get invited to\u00a0view the records individually at\u00a0the viewing room.<\/span><\/p>\n Do the applicants apply themselves to\u00a0you or\u00a0VO\u00a0or\u00a0via lawyers?<\/strong><\/em><\/p>\n As a\u00a0rule, it\u00a0is\u00a0better when applicants are represented by\u00a0professional agent in\u00a0these kinds of\u00a0matters, although it\u00a0must be\u00a0said that not all representatives take due care in\u00a0managing their clients\u2019 cases and it\u00a0leads to\u00a0delays.<\/span><\/p>\n The regulations contained in\u00a0the Administrative Procedure Code require persons residing in\u00a0overseas to\u00a0nominate an\u00a0authorised representative to\u00a0collect correspondence in\u00a0Poland. In\u00a0the past, the process in\u00a0some cases would take years, because the correspondence would remain uncollected. This is\u00a0why these rules were introduced a\u00a0few years ago.<\/span><\/p>\n In our procedures, similarly to\u00a0civil procedures, the burden of\u00a0proof lies with the applicants themselves.<\/p>\n When is\u00a0the final decision made?<\/strong><\/em><\/p>\n Voivode decisions are declaratory in\u00a0nature and are issued pursuant to\u00a0the evidence gathered. It\u00a0means that the decision can change if\u00a0new information or\u00a0documentation is\u00a0found.<\/span><\/p>\n And what happens if\u00a0we\u00a0need to\u00a0confirm that a\u00a0name change took place overseas or\u00a0the date of\u00a0birth has been recorded incorrectly?<\/strong><\/em><\/p>\n In those cases, the applicant must provide evidence with all available resources that this concerns one and the same person. Each case is\u00a0assessed individually and there are no\u00a0situations where the applicant is\u00a0excluded in\u00a0advance just because a\u00a0different name appears, for example, in\u00a0a\u00a0US\u00a0document. Our knowledge isn\u2019t complete so\u00a0we\u00a0do\u00a0use other specialist institutions; we\u00a0have asked for assistance from Jewish Historical Institute in\u00a0these matters.<\/span><\/p>\n Mazovia Province Office \u2014\u00a0Department of\u00a0Foreigners<\/a><\/strong><\/p>\n ul. D\u0142uga 5,\u00a000\u2013263 Warszawa<\/strong><\/p>\n tel. 22\u00a0695 65\u00a075<\/strong><\/p>\n wsc@mazowieckie.pl<\/a><\/strong><\/p>\n Ministery of\u00a0Interior \u2014\u00a0Citizenship and Repatriation Office<\/a><\/strong><\/p>\n ul. Stefana Batorego 5,\u00a002\u2013591 Warszawa<\/strong>
\n![\"urzad_mazowiecki.jpg](\"https:\/\/www.jhi.pl\/storage\/image\/core_files\/2020\/10\/26\/26de6f71aac8ca6b4809a0a235a621dd\/jpg\/jhi\/preview\/urzad_mazowiecki.jpg\")
<\/p>\n
\n<\/span>
\n![\"Potwierdzenie_wymeldowania.jpg](\"https:\/\/www.jhi.pl\/storage\/image\/core_files\/2020\/10\/26\/4313eeb28239b5f6508944bf926d08ca\/jpg\/jhi\/preview\/Potwierdzenie_wymeldowania.jpg\")
\nConfirmation of re-registration, Lublin 1935. In 1930s registration at residencial address was equivalent to b citizenship.<\/em><\/span><\/p>\n![\"punkt_inf.JPG](\"https:\/\/www.jhi.pl\/storage\/image\/core_files\/2020\/10\/26\/888886b7350eb39a244d0dd9e289dd16\/JPG\/jhi\/preview\/punkt_inf.JPG\")
Information<\/em> Center in the Mazowiecki Provincial Office, 3\/5 Bankowy Sq, entrance F<\/span><\/p>\n
\n.![\"swiad_mor.jpg](\"https:\/\/www.jhi.pl\/storage\/image\/core_files\/2020\/10\/26\/42a99d7d0209d194fd93d1ab0f1c4f88\/jpg\/jhi\/preview\/swiad_mor.jpg\")
<\/p>\n
\nWhat type of documents are not accepted by your office as evidence?<\/strong>Every document can be a hint, indicator or source of information. Unless it is a forgery. Often, applicants don\u2019t even realise that the documents confirming their parents\u2019 or grandparents\u2019 Polish citizenship are already in their possession, because the documents do not contain explicit notes on Polish citizenship. However, other details can indicate indirectly that a person was a Polish citizen. This is why applicants should submit all available documentation on their parents or grandparents. Sometimes, documentation and information on other family members, for example documents of siblings of the grandparents, prove to be very useful.<\/span><\/p>\n
\n<\/span>
\n![\"karta_wezwania.jpg](\"https:\/\/www.jhi.pl\/storage\/image\/core_files\/2020\/10\/26\/1e8571b1701793e32438060c5cb5293c\/jpg\/jhi\/preview\/karta_wezwania.jpg\")
<\/p>\n
\n<\/span>
\n![\"karta_rzem.jpg](\"https:\/\/www.jhi.pl\/storage\/image\/core_files\/2020\/10\/26\/2d213273ff3ed38a0a9851ebbf58e93d\/jpg\/jhi\/preview\/karta_rzem.jpg\")
<\/p>\n![\"karty_ocal.jpg](\"https:\/\/www.jhi.pl\/storage\/image\/core_files\/2020\/10\/26\/87aaaee3ae2ae6e5b2b473c95b3f72d0\/jpg\/jhi\/preview\/karty_ocal.jpg\")
<\/p>\n
\n
\n22\u00a0601\u201374\u201325; 22\u00a0601\u201374\u201326<\/strong><\/p>\n
![\"paszport_rabina.jpg](\"https:\/\/www.jhi.pl\/storage\/image\/core_files\/2020\/10\/26\/1538cccf3c306f35a761b13cdd8fb4e9\/jpg\/jhi\/preview\/paszport_rabina.jpg\")
<\/p>\n