Archives said there are no records that confirm my ancestor's citizenship, is a petition my only option?

@jon357
I guess now I am slightly more confused then. Does the 1925 law completely invalidate my case? When was the law turned over?

It isn't so much about pre-war laws or interpretations of them; a lot of time has elapsed since then. Everything is about the current interpretation of regulations by the relevant government department.

Your best source of advice is your local Polish consulate who are used to handling enquiries about citizenship and immigration. They are usually happy to receive visitors for face to face discussions.

As Terri says:

It is exactly about the 1920 citizenship law, it's contemporary interpretation by Ministry of Interior's 1925 administrative ruling, Donald Tusk's 2009 "procedural" law which created a presumption that all of those Poles living abroad who failed to recognize the legitimacy of communist state had lost their citizenship, and how they all relate to the provisions of the present constitution prohibiting discrimination and involuntary loss of citizenship. A person who has never undergone the process for confirmation or loss of citizenship is unable to competently advise anyone on any of this.


From what I have seen posted here over a course of time, the consulates have routinely ignored the "military paradox" rule in the 1920 citizenship law, i.e., advice was routinely given that citizenship had been lost due to naturalisation, military service, etc., despite the fact that military service was not completed in the fatherland. If the consulate is unable to secure production of the old passport records for the OP's great-grandfather, they won't help with anything else other than taking his/her money. No one claiming citizenship by descent from the 1920 citizenship law should entertain the process without consulting a competent lawyer about that law, present practice, etc. If a lawyer doesn't know what the "military paradox" rule was, find another lawyer.


I've never had to leave Poland. I've never worked for jon. He is quite confused. I don't think he could afford my services. I would remember working for someone constantly posting online while wearing a tin foil hat and gossiping about people he never met.


No, millions abroad were born with citizenship from the Second Republic. Under the best of circumstances, it takes years to find the supporting documents and get a favorable decision. Unlike the German model of repatriation, these people are not welcome to return promptly as full citizens. That is the problem.

And many have no problems with this. Some people are eligible, you evidently aren't. Not that you were born with citizenship from the Second Republic which ceased decades before you were born.


Get used to it.

No, they weren't. You're failing to understand that Polish law requires confirmation of citizenship and always has done so in the case of foreigners. You cannot take one aspect of the Constitution or law without understanding how it fits into other pieces of law, and the larger corpus of Polish Law clearly requires such recognition as an integral part of obtaining Polish citizenship. It has been the case ever since the beginning in 1920, and nothing has changed throughout the years regarding this fact.


Correctly so. Polish citizenship is not something to be handed out freely, but requires an actual and documented connection to Poland, not just a last name ending in "ski".

As I said above, people should be very wary about someone posting with a guest account that claims to be an expert on Polish citizenship law, especially when said person is hawking Polish citizenship "advice" for several thousand dollars on their blog.

It's also crystal clear on these matters.


Poland's interpretation of citizenship and repatriation laws are precise due to the risk of many thousands of people with tenuous links to Poland claiming citizenship and turning up there, becoming a potential drain on the state. There is barely enough employment, affordable housing and public healthcare for real Polish citizens. That is why the law is interpreted as it is. Poland is far from unique in this respect.

Indeed. But when someone is trying to hawk "advice" for cash, you understand why he's giving them false hope.


Indeed. The situation would get even worse if every Tom, Dick and Roggers turned up claiming citizenship, social housing and health care like the leeches that they are.