This post attempts to bust some of the most common myths about Polish citizenship for Polish Americans.
To explore the topic, I caught up with Polish Citizenship Specialist, Michał Petrus. I have interviewed Michał on numerous occasions since the end of 2023 on a range of topics related to obtaining Polish citizenship by descent. What’s more, we’ve already spoken more generally about the process of the Confirmation of Possession of Polish citizenship for Polish Americans.
Michał is a history and genealogy enthusiast who’s been handling cases connected with the confirmation of Polish citizenship by descent and citizenship granted by the President of Poland since 2019. He represents Get Polish Citizenship, a genealogical and citizenship company based in Kraków.
Myths about Polish Citizenship for Polish Americans
The path to Polish citizenship for American citizens of Polish descent is surrounded by common misconceptions, largely driven by confusing legal historical quirks or aggressive marketing from immigration agencies.
Over to Michał now to set the record straight.
#Myth 1: My Polish great-grandfather naturalised as an American. Is that the end of it?
Fortunately, due to something called “military-paradox” in Polish citizenship law, it doesn’t have to be the end of the road. US (or any other) naturalisation before 19th of January 1951 is the end of the line if:
- your main Polish ancestor is a female
- naturalisation happened before the 20th of January 1920 (for male and female ancestors)
- your ancestor was older than 50/60 years old (depending on the period) when he naturalised. The maximum military age was 50 up until 1938, while it was 60 years of age between 1938 and 1950.
The 1920 Polish citizenship code is self-conflicting; it says that dual citizenship is not allowed, but also that men who are obligated to do military service in Poland cannot lose citizenship by adopting another one. This means that as long as your ancestor was eligible (in the eyes of the Polish government) to do military service, he could not lose his citizenship through naturalisation. This is also why the law treats men and women unequally.
Contrary to what the majority of providers state (so they can reduce the unwanted load of pre-1920 cases which tend to be trickier to navigate), pre-1920 emigration is not the end of the road.
Article 4 of The Little Versailles Treaty specified that former citizens of Austria-Hungary, the Russian Empire and the German Empire are entitled to Polish citizenship, as long as the territories where they lived legally before emigration later became the Second Polish Republic. There were numerous regulations on the Polish side concerning this as well. If you prove Austrian heimatrecht or Russian/German domicile of your Polish ancestors, and their place of living was later Poland (1920-1939), you can proceed safely. It’s only important that they didn’t acquire any other citizenship, such as US citizenship, before 1920.
Please also do not concern yourself with the wording used in the naturalisation process with regard to renouncing any previous allegiance. For the Polish government, domestic law takes precedence.
#Myth 2: My Polish great-grandma married an American in the 1930s. Is that the end of it?
Polish citizenship law prior to 1951 specifies that marriage is only a cause for loss of citizenship for Polish female ancestors if they acquired another state’s citizenship as a result of the said marriage. In the US, after 22nd of September 1922, that was no longer the case – the Cable Act removed naturalisation by marriage.
You only need to check whether your great-grandmother naturalized on her own (before 1951) or had children born in wedlock (also before 1951). Polish law stated that children born in wedlock (1920-1951) only inherited citizenship from their father’s side. If the child was born out of wedlock, or after 19th of January 1951, the said child could inherit citizenship from its mother.
#Myth 3: I don’t have to worry about my Polish male ancestor’s pre-1920 emigration to the US because I have his birth and death certificates to prove lineage. Am I sorted then?
Unlike “the right of soil” (jus soli) in the United States, Poland uses the legal principle of jus sanguinis (the “right of blood”). In other words, one inherits citizenship from their parents. Being born on Polish territory does not make someone a Polish citizen. This is both a blessing and a curse. You may be eligible for Polish citizenship by descent, even as a third, fourth, or fifth-generation descendant born abroad.
According to jus soli, one can be born, marry and die in Poland and not be a citizen. You need other proof. Examples of documents we aim for include old passports or ID cards, population censuses, domicile lists, voters lists, military draftees/conscript lists, other military documents, tax or property records and notary documents (deeds). Documents that do not prove Polish citizenship include school records, vital records (birth/marriage/death records), memorabilia, medals, association cards or IDs. All documents submitted need to be originals or Polish certified copies, with physical authentication, coming from the government of Poland – central or provincial. Scans, pictures, xerox copies, and photocopies are not accepted.
#Myth 5: I’m reluctant for the Polish state to confirm my possession of Polish citizenship as I would then have to renounce my U.S. Citizenship. Is that true?
This one is simple – not at all. Both the US and Poland allow multiple citizenships. Please note that upon confirmation of your Polish citizenship, you are required to enter and exit Poland using your Polish passport instead of your US passport. The authorities want to know that you are a Polish citizen. Regardless, you would probably show your Polish passport to border control anyway as it is a Schengen area document. It’s naturally more hassle-free to travel within the EU using a Polish passport.
All in all, you can have as many citizenships as you want, without any unpleasant consequences.
#Myth 6: I’m convinced that a DNA test will prove I have Polish ancestry. Am I sorted then?
The Polish government is still very much rooted in a ‘sanctity of paper documents’ tradition inherited from the communist era, and also the previous partition era. There are no signs that other material proof, such as DNA tests, will be recognised any time soon.
Integrating DNA test results with research in Polish state and parish archives allows you to trace your lineage, verify family connections, and build a documented family tree. If you don’t know much about your ancestry, I always recommend running an immigration and naturalisation search on the US side. Many records, such as naturalisation petitions and passenger records, are available online on sites like ancestry.com or FamilySearch.
#Myth 7: Will I, or my children, ever be called to do military service in Poland?
You will not; the military draft law specifies that dual citizens who reside abroad are not subject to the draft. Moreover, the last time Poland had mandatory conscription was back in 2009. Even with war raging in Ukraine and tensions running high in the region, Poland is more focused on developing a professional (paid) army rather than relying on the draft.