The term “naturalization” is widely used worldwide in the context of foreigners acquiring citizenship. However, in the Polish legal system, the situation is more complex, and the word “naturalization” itself isn’t a key legal term describing a specific procedure. If, as a foreigner, you’re considering becoming a Polish citizen, it’s crucial to understand Polish terminology and the available pathways. So, what’s the difference between the common understanding of naturalization and the ways Polish citizenship is acquired?
Introduction: “naturalization” in Poland – Are we using the right term?
When foreigners ask about “naturalization” in Poland, they often mean the process of obtaining citizenship based on long-term residence, language knowledge, and integration into society. While Poland certainly allows foreigners to become citizens, it uses other, more precise legal terms for this than the general concept of “naturalization.” Using the correct terminology is key to understanding the requirements and procedures.
What is naturalization in a general sense?
Naturalization, in a broad, international sense, is the legal process by which a non-citizen of a country may acquire citizenship or nationality of that country upon application and after meeting certain requirements (usually concerning residency period, language proficiency, criminal record, loyalty to the state). It’s a way to become a citizen of a country other than one’s country of birth.
How is polish citizenship acquired? The polish legal paths
The Polish Act on Polish Citizenship provides several ways to acquire it. For foreigners who wish to become Polish citizens voluntarily (as opposed to, e.g., by birth), the two most important routes are:
Recognition as a Polish Citizen – Poland’s Equivalent of Naturalization?
This procedure is the closest to the common understanding of naturalization. Recognition as a Polish citizen (uznanie za obywatela polskiego) occurs upon the foreigner’s application, after meeting strictly defined statutory conditions. The decision is issued by the Voivode (regional governor). These conditions relate to, among others:
- Length of legal and continuous residence in Poland (e.g., 3 years based on permanent/EU long-term residence, 2 years for spouses of Polish citizens based on permanent/EU long-term residence, 10 years generally).
- Having a stable source of income and legal title to accommodation.
- Confirmed knowledge of the Polish language (usually a B1 certificate).
- Not posing a threat to state security.
Because it’s based on meeting specific criteria, the outcome of the recognition process is more predictable than that of granting.
Granting of Citizenship by the President of Poland – The Discretionary Path
The President of the Republic of Poland may grant Polish citizenship to any foreigner who applies for it. This is a personal right of the President (prerogative), meaning the decision is entirely discretionary. The Act does not specify strict conditions that the foreigner must meet (although long residence, integration, special contributions to Poland certainly help). The application is submitted via the Voivode or a consul. The President is not bound by any deadlines and does not have to justify their decision, including a refusal. There is no appeal against the President’s decision.
Other Ways of Acquiring Citizenship (By Law)
It’s also worth knowing that Polish citizenship can be acquired by law (z mocy prawa), i.e., automatically upon meeting statutory conditions. This mainly applies to:
- Birth, when at least one parent is a Polish citizen (ius sanguinis – law of blood).
- Birth or being found in the territory of Poland, when parents are unknown or their citizenship is undetermined (ius soli – law of soil, to a limited extent).
- Adoption by a Polish citizen.
- Repatriation (return of people of Polish origin to the country).
Naturalization, recognition, granting – Summary of differences
- Naturalization: A general, international term for the process of a foreigner acquiring citizenship upon application, usually after meeting residency and integration requirements. It is not a formal legal term in the Polish Act on Citizenship describing a specific procedure.
- Recognition as a Polish citizen (Uznanie): A specific Polish administrative procedure where the Voivode confirms the acquisition of citizenship after the foreigner meets specific, statutory conditions. The closest equivalent to naturalization.
- Granting of Polish citizenship (Nadanie): A specific Polish procedure where the President of Poland may, but is not obliged to, grant citizenship to a foreigner upon their application. The decision is discretionary, independent of meeting strict statutory criteria.
Why does precise terminology matter?
Using the correct terms – “recognition” (uznanie) or “granting” (nadanie) – is crucial when dealing with Polish authorities, filling out applications, and understanding requirements. Speaking of “naturalization,” you might be asked to specify which pathway you mean, which could lead to misunderstandings.
Real-life scenario: asking about “naturalization”
Mr. Smith, living in Poland for 5 years on a permanent residence card, asks a lawyer: “I’d like to apply for naturalization. What documents are needed?”. The lawyer explains: “In Poland, we don’t formally use the term ‘naturalization’. Since you’ve lived here for 5 years on permanent residence, know Polish at B1 level, and meet other conditions, the most appropriate path for you would be to apply for recognition as a Polish citizen by the Voivode. This procedure is based on meeting statutory criteria. The alternative is the granting of citizenship by the President, but that path is less predictable.”
Summary: choose the right path
Although “naturalization” is a useful general concept, when applying for Polish citizenship, you must use the terminology of Polish law. The main pathways for foreigners are recognition by the Voivode (requiring fulfillment of specific conditions) and granting by the President of Poland (which is discretionary). Understanding the differences between them will help you choose the appropriate strategy and prepare for the process.
Wondering which path – recognition or granting – is right for you? Want to check if you meet the conditions for recognition as a Polish citizen? We can help you understand the differences and choose the best route. Contact our law firm.