Double citizenship in Poland.
Dual nationality in Norway is only allowed in clearly defined situations. However, the Norwegian government is planning to change these regulations, which we informed about, inter alia, here. How does it look in Poland? Do national laws prohibit the use of two passports? Let's take a look at this case.
Dual citizenship? Yes, but there are conditions.
Polish law does not prohibit having dual citizenship. This is due to the fact that you can, for example, use two passports. However, there are certain conditions. This issue is specified in Article 3 (1) and (2) of the Act on Polish Citizenship. It reads as follows: "A Polish citizen who is also a citizen of another state has the same rights and obligations towards the Republic of Poland as a person who has only Polish citizenship". What does this mean in practice?
You cannot prefer foreign citizenship over Polish citizenship
The wording of the above provision clearly and comprehensively informs you that you may have dual citizenship, however, before the law in the Republic of Poland, you appear as if you had only a Polish passport. This provision is of particular importance during customs clearance. The Border Guard has the right not to admit or release a person who does not have a valid Polish passport, even if their British passport, for example, is valid. Thanks to the central population register, such information is easy to verify.
Double citizenship in Poland. Responsibility before the law
Another consequence of this provision is the fact that a person with Polish and foreign citizenship is liable for crimes committed in Poland as a Pole. He is therefore subject to the same Polish law and no extradition requests may be made against him.
What exactly do Polish regulations say?
The issue of dual citizenship has been dealt with in three legal acts. These are the following acts:
The Act of April 2, 2009. on Polish citizenship.
Art. 3. 1. A Polish citizen who is also a citizen of another country shall have the same rights and obligations towards the Republic of Poland as a person who has only Polish citizenship.
2. A Polish citizen may not, with respect to the authorities of the Republic of Poland, invoke the citizenship of another country and the rights and obligations arising therefrom with a legal effect.
Act of July 13, 2006 on passport documents.
Art. 3. Every Polish citizen has the right to obtain a passport. This right may be deprived or limited only in the cases provided for in the law.
Art. 4. The passport document entitles to cross the border and stay abroad and certifies Polish citizenship, as well as the identity of the person indicated therein in the scope of the data it contains.
Act of August 6, 2010 on identity cards
Art. 4.1. An identity card is a document confirming the identity and Polish citizenship of a person on the territory of the Republic of Poland and other European Union Member States. European Economic Area countries not belonging to the European Union and countries not parties to the Agreement on the European Economic Area. These citizens can take advantage of the freedom of movement of persons on the basis of agreements concluded by these countries with the European Community and its Member States. And on the basis of unilateral decisions of other countries that recognize this document as sufficient to cross their borders.
Art. 4.2. The identity card entitles you to cross the borders of the countries referred to in sec. 1.
Double citizenship in Poland. It is always worth having a Polish passport
Bearing in mind the Polish regulations regulating the issue of dual citizenship, one should remember one fundamental principle. If we have dual citizenship, and the Polish one was the first one, we are responsible to Polish law as Poles. Therefore, in order to leave the borders of the Republic of Poland or enter its territory, you must have a valid Polish passport with you. Please also remember to check the regulations regarding dual citizenship in the country whose passport you are applying for. In many countries it is not allowed to have two such documents, including: In Norway – although work on the change is ongoing these regulations.
