National visa for the purpose of repatriation

A repatriate is a person who has arrived in Poland on the basis of a national visa issued for the purpose of repatriation with the intention of settling permanently in Poland.

Legal basis:
Repatriation Act of November 9, 2000, i.e., Journal of Laws of 2022, item 1105.

Conditions for obtaining a visa for repatriation (must be met together):

  1. Permanent residence in the territory of the present Republic of Armenia, the Republic of Azerbaijan, Georgia, the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Tajikistan, Turkmenistan, Uzbekistan or the Asian part of the Russian Federation before the entry into force of the law (i.e., before January 1, 2001).
  2. Polish ancestry.

Recognition as a person of Polish ancestry requires the fulfilment of two conditions (jointly):

  • At least one of the person’s parents or grandparents or two great-grandparents was of Polish nationality
  • Demonstration of a connection to Polish heritage

Polish ancestry must be confirmed by presenting documents issued by the Polish state or church authorities, or authorities of the former Union of Soviet Socialist Republics concerning the applicant or their parents, grandparents, or great-grandparents. These may include, for example.

  • Polish identity documents;
  • civil status certificates or copies thereof;
  • baptismal certificates attesting to a connection with Polish heritage;
  • documents confirming service in the Polish Army, containing an entry indicating Polish nationality;
  • documents confirming the fact of deportation or imprisonment, containing information about Polish nationality.

A national visa for repatriation may also be issued to the spouse and descendants of a person who meets the conditions for repatriation (up to the fourth degree), as well as to the spouses of these descendants, if these persons intend to come to Poland together with the repatriate.

The issuance of a national visa for repatriation to a minor under the parental authority of a repatriate requires the consent of the other parent.  If the minor has reached the age of 16, their consent is also required for the issuance of a visa.

If the other parent does not agree to the acquisition of Polish citizenship by the child (which is the result of crossing the border on the basis of a national visa issued for repatriation), and at the same time the child remains under the parental authority of the person who wants to use the repatriation procedure, it is possible to obtain a permanent residence permit in Poland for such a child (the relevant application is attached to the application for a national visa for repatriation). A permanent residence permit can also be issued for the spouse of a repatriate who intends to settle in Poland together with the repatriate, and at the same time – does not want to apply for a repatriation visa, which is inextricably linked to the acquisition of Polish citizenship upon crossing the border. The competent authority for granting or refusing a permanent residence permit is the Head of the Office for Foreigners. Issuance or replacement of the residence card is carried out by the Voivode with jurisdiction over the foreigner’s place of residence.

Legal basis:
Repatriation Act of November 9, 2000, Journal of Laws of 2022, item 1105.
With regard to residence permits and residence cards: the provisions of Section VI and VII of the Act of December 12, 2013 on foreigners ( Journal of Laws of 2024, items 769, 1222, 1688)

Formal obstacles to obtaining a national visa for the purpose of repatriation:

  1. loss of Polish citizenship acquired through repatriation or
  2. repatriation from the territory of the Republic of Poland or the Polish People’s Republic on the basis of repatriation agreements concluded between 1944 and 1957 by the Republic of Poland or the Polish People’s Republic with the Belarusian Soviet Socialist Republic, the Ukrainian Soviet Socialist Republic, the Lithuanian Soviet Socialist Republic or the Union of Soviet Socialist Republics to one of the countries party to these agreements, or
  3. activity to the detriment of the fundamental interests of the Republic of Poland, while outside the Republic of Poland, or
  4. participation in human rights violations (current or past) , or
  5. the person’s data are in the Schengen Information System for the purpose of refusing entry, or
  6. required for reasons of defence or state security or protection of public safety and order, or
  7. the entry of the person’s data to the list of foreigners whose stay on the territory of the Republic of Poland is undesirable is in force.

Legal basis:
Article 10a of the Repatriation Act of November 9, 2000, Journal of Laws of 2022, item 1105.

Obtaining a national visa for the purpose of repatriation

The process of obtaining a repatriation visa consists of several steps.

  • A person interested in obtaining a repatriation visa fills out and submits an application with documents to the Consul of the Republic of Poland (it is required to submit the application in person, unless the Consul waives this requirement – in special cases justified by the person’s personal situation). The application is submitted on a special form, accompanied by the documents indicated in Article 10b paragraph 4 of the Repatriation Act. An application with formal deficiencies will be returned for completion within 30 days;
  • The consul will check the information, application and documentation in their possession (make photocopies of the documents submitted), interview the applicant and make a decision to recognise or refuse to recognise the applicant as a person of Polish origin;
  •  If the decision made in para. 2 is positive (the applicant has been recognised as a person of Polish origin), the consul sends the application together with the decision to the Minister of the Interior and Administration for permission to issue a visa for repatriation. The minister obtains information about the applicant from the Commander-in-Chief of the Border Guard, the Commander-in-Chief of the Police, the Head of the Internal Security Agency, and, if necessary, the Head of the Foreign Intelligence Agency, the President of the Institute of National Remembrance – Chief Commission for the Prosecution of Crimes against the Polish Nation, or the provincial governor. After the minister’s approval, the documents are returned to the consul.
  •  The applicant provides evidence of having or providing conditions for settlement, i.e., having sources of income and a dwelling or place in a centre for repatriates. This proof is not required in the case of minors and persons who are entitled to a pension in the territory of the Republic of Poland.

Proof of conditions for settlement is provided by a document confirming the legal title to housing for a period of not less than 12 months and a statement of employment or an employment contract for a period of not less than 12 months.

Evidence of provision of conditions for settlement is one of the following documents:

  • A decision of the Government Plenipotentiary for Repatriation to grant a place in an adaptation centre for repatriates (issued within 3 years from the date of the consul’s decision to qualify for a national visa for repatriation, the deadline may be extended by two years if there is no place in the centre);
  • Resolution of the municipal council containing a commitment to provide conditions for settlement for a period of not less than two years;

or

  • a declaration by a Polish citizen, legal person or organisational unit without legal personality, having its registered office on the territory of the Republic of Poland, containing a commitment to provide conditions for settlement for a period of not less than 2 years. At the same time, the statement of a Polish citizen may concern only ascendants, descendants or siblings of this person.
  • Once all the conditions are met, the consul will issue a visa for the purpose of repatriation (visa sticker in the passport). The visa is valid for 12 months. During this time, arrival in Poland should take place.

Legal basis:
Article 10b of the Repatriation Act of November 9, 2000, Journal of Laws of 2022, item 1105.

Note! A person who does not have housing and a source of income or a place in a centre, but meets the other conditions for repatriation, the consul shall issue a decision on qualification for the issuance of a national visa for repatriation. The Minister of the Interior and Administration may overrule this decision in cases specified in Article 11 (2) of the Repatriation Act.

The repatriate candidate is provided by the consul with information on housing and livelihood opportunities collected by the Government Plenipotentiary for Repatriation.

Legal basis:
Article 11 of the Repatriation Act of November 9, 2000, Journal of Laws of 2022, item 1105.

Formalities upon arrival in Poland

  1. registration of civil status certificates (birth, marriage), together with a translation into Polish made by a sworn translator at the Polish Civil Status Office. – This registration can be carried out even before arrival in Poland, through the consul. A repatriate candidate, after presenting documents confirming the possession or provision of conditions for settlement, may apply to the consul for the preparation of Polish civil status certificates (the consul forwards the application along with the documents to the head of the Civil Registry Office selected by the repatriate);
  2. obtain confirmation of obtaining Polish citizenship at the Provincial Office (on the basis of a passport with a visa attached to it and upon presentation of copies of civil status certificates obtained at the Polish Civil Status Office;
  3. obtaining an identity card (application at the municipality or city office)
  4. registration (municipal or city office in the place of residence)
  5. assignment of a PESEL number (municipality or city office at the place of residence)

Acquisition of Polish citizenship

Acquisition of citizenship occurs upon crossing the border on the basis of a national visa issued for the purpose of repatriation.

In the case of recognition as a repatriate, citizenship acquisition takes place on the date of the decision on recognition as a repatriate, if the decision becomes final.

Legal basis:
Articles 4 and 16c of the Repatriation Act

Recognition as a repatriate

Recognition as a repatriate is a procedure similar to the procedure for obtaining a national visa for repatriation, but intended for persons who are or have previously been residing in Poland at the time of applying for repatriate status. The application for recognition as a repatriate is considered by the Voivode with jurisdiction over the intended place of settlement in Poland. Recognition as a repatriate of a foreigner results in the acquisition of Polish citizenship from the date of issuance of the decision on recognition as a repatriate, if the decision has become final.  Recognition as a repatriate requires the fulfilment of the conditions set forth in the Repatriation Act, separately for each category of persons:

Recognition as a repatriate requires the fulfillment of the conditions set forth in the Law on Repatriation, separately for each category of persons:

  1. spouses of repatriates (Article 16 paragraph 2a of the Repatriation Act)
  2. persons who have resided in Poland on the basis of a permanent residence permit or a permit to settle, or a right of permanent residence and have a source of income and a legal title to occupy a dwelling in Poland (Article 16(2) of the Repatriation Act)
  3. persons who have stayed in Poland on the basis of a permit granted in connection with their studies (Article 144 of the Act on Foreigners) or the right of residence specified in Article 16(1)(3) of the Act of July 14, 2006 on the entry into residence and departure from the territory of the Republic of Poland of citizens of the Member States of the European Union and their family members (Journal of Laws of 2021, item 1697) – Article 16(1) of the Repatriation Act.

Legal basis:
Article 16 of the Repatriation Act of November 9, 2000, Journal of Laws of 2022, item 1105.

Information current as of: .

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We note that the content published on the website is for informational purposes only and presents the essence of the issues raised in a general manner. They do not constitute advice or legal opinions in individual cases and should not be the sole basis for decisions on the resolution of specific legal problems. Individual legal advice should be sought from qualified professionals.

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