Law
CIRCULAR No 18
of the
MINISTER OF THE INTERIOR
dated July 9, 1925
Citizenship of persons who were born and naturalized in America
In view of doubts how, in citizenship respect, should persons who were born in The United States of North America be treaded and who have a title to Polish citizenship The Minister of the Interior explains in this respect conflicts are inevitable because legislation that regulates the citizenship in both countries, that means in Poland and United States, is based on different theoretical rules. Because the first legislation descents from the rule ius sanguinis, that means a person who was born by a Polish citizen is a Polish citizen, the second however from the rule ius soli that means everybody who was born on The United States' territory is an American citizen without distinction of his father's citizenship. Pondering the above mentioned issue it should be taken into consideration in cases of:
a) persons who were born BEFORE the act dated on January 20, 1920 (Dz. R.P. Nr 7 poz. 44) on Polish State’s citizenship came into force, that means before January 31, 1920 and
b) persons who were born AFTER the mentioned act came into force.
With regards to point a): According to article 2 of the above mentioned act, at the moment of declaration of the act a Polish citizen is every person who is settled on The Polish State’s territory without distinction of sex, age, nationality and religion as to the act's mind, as far as it does not serve another country’s citizenship to the person. In accordance with rules that result from the act, from acts on settlement and from civil acts settled person's under age children also became Polish citizens.
Thus if a person who is settled on The Polish State’s territory, in above mentioned meaning, on 31st of January 1920 obtained american citizenship on grounds of birth in The United States, did not become Polish citizen.
It is beyond any doubt that children of a person who is settled on The Polish State’s territory born in The United States and who were over 21 years-old on January 31, 1920 are not Polish citizens.
However it can be questionable if the mentioned children were not 21 year-old yet. Basing on a general rule that results from the Polish legislation it could be maintained that children who obtained Polish citizenship simultaneously with their father (illegitimate with their mother) are Polish citizens although they became American citizens by birth. On the other hand justified is the opinion in the act's sentence: "as far as it does not serve another country’s citizenship to the person" concerns not only the age of persons but also minors especially in connection with the first sentence of article 2:
"At the moment of declaration... the right to citizenship serves every person, without distinction of sex, age, religion and nationality" and that then the issue of obtaining polish citizenship by children is judged with regards to it regardless of the parent's citizenship.
Minister of the Interior settled with the Minister of Foreign Affairs the second opinion should be founded as proper and authoritative when affirming the citizenship.
With regards to point b): According to article 4 point 1 of the act dated 20th of January 1920 Polish citizenship is obtained by birth. Then everybody who was born of a person who has become a Polish citizen alternately of a person who obtained Polish citizenship on one of grounds that are designed in mentioned act is a polish citizen regardless of the fact that he was born in The Polish State or abroad.
Thus the persons who were born of a Polish citizen in America after the act dated January 20, 1920 came into force are, without exception, Polish citizens and they should be considered as such although they became simultaneously American citizens.
Then a conflict against this category of people exists and it could be cancelled only by a bilateral agreement with The United States that does not exist so far.
As far as it is about other titles of obtaining polish citizenship so about article 3 and 4 subsection 2, 3, 4 and 5 of the act dated 20th of January 1920 the conflict exists for persons who were born in America, although the issue has more theoretical than practical meaning because the interested persons will not, as a rule, lay claims on having the american citizenship grounds because obtaining polish citizenship happened, with few exceptions, according to their will.
Persons who are born in America are Polish citizens if they became polish citizens in the way pointed out in article 3 or obtained polish citizenship in one of ways mentioned in subsections 2-5 of article 4 of the act dated 20th of January 1920 although the american citizenship serves them by birth. Under age children of people who obtained polish citizenship on above mentioned conditions are also polish citizens even if they are american citizens by birth regardless of if they were born before or after the act dated 20th of January 1920 came into force alternately before or after obtaining the polish citizenship on above mentioned titles grounds.
Above mentioned rules should be used similarly to polish citizens who were naturalized in USA. Namely if the naturalization took place before the act on Polish State’s citizenship came into force a person is an american citizen without reservation. If the naturalization happened after the mentioned act came into force persons who are obligated to active military service lost their Polish citizenship only in case of receiving Minister’s of National Defense permission to obtain foreign citizenship according to the last section of article 11 of the act.
♦♦♦
ACT
dated January 20, 1920
on Polish State's citizenship
(came into force on January 31, 1920)
Article 1. Polish citizen cannot simultaneously be a citizen of another country.
Article 2. At the moment of declaration of the present act, the right to Polish citizenship serves every person, without distinction of sex, age, religion and nationality, who:
1) is settled on the territory of The Polish State, as far as it is not entitled to another country’s citizenship. Regarded as a settled in The Polish State is the person who:
a) is enrolled or is entitled to be enrolled to books of permanent population of former Kingdom of Poland;
b) is entitled to homely surrounding in one of communes on the territory of The Polish State, which have made up a part of The Austrian State or The Hungarian State;
c) had, before January 15, 1908 on grounds of German citizenship, a permanent residence on territory of The Polish State, which formerly has made up a part of The Prussian State;
d) was enrolled to urban or rural commune or to one of state organizations on lands of former Empire of Russia which are now parts of The Polish State;
2) was born on the territory of The Polish State, as far as it is not entitled to another country’s citizenship;
3) is entitled to Polish citizenship based upon international treaties.
Article 2a. Polish citizenship serves, besides, to a person who has a place of residence and is entitled to homely surrounding in one of communes on area of recovered lands of The Cieszynski Silesia, which have made up a part of Republic of Czechoslovakia, if the person (or its father, in case of illegitimate child - its mother) is permanent since November 1, 1918 entitled and if the person hasn't qualify it on grounds of public office.
Article 3. Citizens of other countries who are of Polish descent and their progeny will be recognized as citizens of The Polish State if they submit proofs of Polish provenance with a declaration they wish to be Polish citizens and they resign from the citizenship of another country to the relevant Polish authority after returning to The Polish State.
Poles by descent who on October 1, 1938 have had a place of residence on area of recovered lands of The Cieszynski Silesia will be treated on an equal footing with those Poles who have returned to The Polish State.
Article 4. Polish citizenship is acquired by:
1) birth
2) entitlement, recognition, adoption
3) marriage
4) grant
5) reception of public post or reception of military service in The Polish State, as far as there are no opposing reservation
Article 5. Legitimate children acquire by birth their father's citizenship; illegitimate children acquire by birth their mother's citizenship. Unknown parents' children who were born or found on the territory of The Polish State will be recognized as Polish citizens, as far as it will be not revealed their other citizenship.
Article 6. By entitlement, recognition or adoption a child who is not 18 year-old yet acquires citizenship of its father or mother, relatively of another person who recognizes or adopts.
Article 7. A woman who is a foreigner acquires Polish citizenship by marriage with a Polish citizen.
Article 8. Granting of citizenship can happen on request of a person who wants to obtain it if the person proves that:
1) led an impeccable way of life
2) resides permanently not less than 10 years in The Polish State
3) has a livelihood or earnings for himself and his family
4) speaks Polish
Substituting for minors and other persons who have legal incapacity their legal guardians apply for granting them Polish citizenship.
Article 9. In exceptional cases that deserve special consideration Polish citizenship can be granted for persons who do not meet individual conditions that are mentioned in article 8. especially on former Russian Empire's area that is a part of The Polish State. However Polish citizenship can be granted in no case for persons who have been penalized by Polish courts for an offence that entail a restriction of rights, until the restriction goes on, and also for persons who are in state of insolvency.
Article 10. A citizen of The Polish State who lost her Polish citizenship by marriage with a foreigner recaptures it if she makes a statement in an administrative office of her place of residence after cessation of her marriage and settlement in Poland.
Article 11. Loss of citizenship happens by:
1) obtaining another country's citizenship
2) taking a public office or entering the service in a foreign country’s army without proper governor's (capital city of Warsaw Government Commissioner’s) consent that is given in cases of intention of entering the service in a foreign country’s army in accord with District Corps' proper commander.
Persons who are obligated to active military service can obtain foreign citizenship in no other way than after obtaining a general military service obligation release, according to rules in force, otherwise, in view of The Polish State, they will be still considered Polish citizens.
Article 12. The Minister of the Interior determines granting Polish citizenship after getting an opinion of a commune where a given person lives in and also of general administration's authorities.
Article 13. Granting and loss of Polish citizenship concerns a wife of a man who is granted or loses Polish citizenship and also his children who are younger than 18 year-old, as far as it is not reserved in granting certificate or in declaration on citizenship's loss.
Article 14. The act comes into force on the day of its declaration.
Article 15. Execution of the present act and publicizing of necessary executive decrees, especially also those that determine authority's competences that are not regulated by the present act, a form of documents and details of proceedings are commended to the Minister of the Interior.
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