Polish citizenship application requirement and an ongoing criminal case in the Polish court

Odogwu0306 1 | 1

28 Jan 2019 / #1

Hi
I want to apply for Polish citizenship. I intend to submit my application to Wojewoda as I have met the minimum requirements: been married to a Pole for over 9years, have my permanent residence 2yrs+ and passed the Polish test(B1). However, my concern is my ongoing criminal case in Polish court. My question is will that affect my application? I don't know what the law says about criminal records in Poland and if it means I can't apply for/get Polish citizenship.

I could use some assistance on this. Thanks a lot.

dolnoslask 5 | 2808

28 Jan 2019 / #2

It depends on the crime and any time served in jail, can you be more specific about the offense.

OP Odogwu0306 1 | 1

28 Jan 2019 / #3

It's financial crime but there's no jail time because there's no final judgement(Wyrok) yet from the court.

dolnoslask 5 | 2808

28 Jan 2019 / #4

From what I know (one case) and I am no expert, as long as the sentence is no more than 12 months and the crime is a one off and not seen as a risk to public safety you should be ok.

Not sure how you would get on if you apply whilst awaiting the outcome of a court case, I would get some legal advice,

terri 1 | 1661

28 Jan 2019 / #5

If it is a criminal case, you must tell them that you are waiting for it to be resolved. You might be found not guilty and just pay a fine. However, if you do not tell them and they find out later, they will strip you of your citizenship (and never grant you one in the future) and can put you in jail (for up to 8 years) for not telling them about it.

Dirk diggler 10 | 4452

28 Jan 2019 / #6

A criminal case will prevent you from getting an application until youve been either convicted, found not guilty, or the prosecutor dismisses the case. If you send in the application while its going through the courts youll either get denied or itll get overlooked but will then come to bite you in tge ass. You need a criminal defense lawyer asap. If i were in your shoes i wouldnt send out any paperwork to poland that has your address on there. You send in your application and one day you can get picked up and extradited if youre found guilty in absentia. Good luck

delphiandomine 86 | 17823

28 Jan 2019 / #7

My question is will that affect my application? I don't know what the law says about criminal records in Poland

You need to disclose it, nothing more. It shouldn't disqualify you as long as everything else is in order, as long as you're not detained at any point during the proceedings. If you get sentenced to prison, then the application will be terminated. However, you can reapply again after being released, as long as you don't get deported.