The term ″Pole’s Card″ (″Karta Polaka″) appears very often in the publications regarding the rules of legalization of the stay of foreigners in Poland. Unfortunately, these publications rarely explain the status of the person holding document in question and the entitlements connected with it. Therefore, it’s worth learning what the Pole’s Card is.

1. Document which confirms belonging to the Polish nation

In accordance with Article 3(1) of the Act of 7 September 2007 on the Pole’s Card (Official Journal of 2007, No. 180, item 1280, as amended), referred to as the Act, the Pole’s Card constitute a proof confirming the foreigner’s belonging to the Polish nation. In other words, this document confirms that the foreigner is part of the Polish nation. However, its granting isn’t synonymous with giving Polish citizenship to the foreigner, nor with confirming Polish origin (Article 7(1) of the Act). It is also not a document entitling to cross the border or to settle in the Republic of Poland (Article 7(2) of the Act).

2. To whom will the Pole’s Card be granted?

The basic condition for granting the Pole’s Card is that the foreigner declares his/her belonging to the Polish nation. However, this is not the only requirement that a person applying for such document has to satisfy. It results from the text of Article 2(1) of the Act that the foreigner should also:

  1. demonstrate his/her relationship with Polishness through at least a basic knowledge of Polish which he/she considers to be his/her mother tongue, as well as through knowledge and cultivation of Polish traditions and practices;
  2. submit a written declaration of belonging to the Polish nation, in the presence of the consul of the Republic of Poland or the voivode, either an employee designated by him;
  3. demonstrate that he/she is of Polish nationality or at least one of his/her parents or grandparents or two great-grandparents were of this nationality, either provide a certificate from a Polish or Polish diaspora organisation, confirming active involvement in activity for the language and culture of Poland or of Polish national minority for at least the last three years;
  4. make a declaration that he/she or his/her ascendants haven’t repatriated or haven’t been repatriated from the Republic of Poland or from the Polish People’s Republic, pursuant to the repatriation agreements concluded in the years 1944-1957 by the Republic of Poland or by the Polish People’s Republic with the Byelorussian Soviet Socialist Republic, the Ukrainian Soviet Socialist Republic, the Lithuanian Soviet Socialist Republic, the Union of Soviet Socialist Republics, to one of the states party to these agreements.

The Pole’s Card may be granted to a person: who, on the day of application for the Pole’s Card and on the day of granting Polish citizenship, doesn’t have a permanent residence permit in the territory of the Republic of Poland, who has the status of stateless person. These conditions are alternative. Thus, the existence of only one of them is sufficient for issuing the Pole’s Card (article 2(2) of the Act).

The Pole’s Card may also be granted to a person whose Polish origin has been confirmed under the provisions of the Act of 9 November 2000 on repatriation (i.e. OJ 2018, items 609 and 1669, as amended). However, he/she must demonstrate at least a basic knowledge of the Polish language (Article 2(3) of the Act).

3. Rights resulting from the Pole’s Card held

The Pole’s Card fulfil a dual function. Its primary task is to confirm the foreigner’s belonging to the Polish nation. This document also demonstrates that its holder may enjoy the rights specified in the Act. These include:

  1. exemption from consular fees for accepting and processing an application for a national visa in order to exercise the rights regulting from the Pole’s Card held (Article 5 of the Act);
  2. exemption from consular fees for accepting an application and preparing documentation on granting Polish citizenship (Article 6 of the Act);
  3. exemption from the obligation to have a work permit (Article 6(1)(1) of the Act);
  4. undertaking and pursuing an economic activity on the same principles as Polish citizens (Article 6(1)(2) of the Act);
  5. education at the doctoral school, undertaking and pursuing studies and other forms of education, as well as participating in scientific activities (Article 6(1)(3) of the Act);
  6. 6) use of forms of education in accordance with the rules specified in the Act of 14 December 2016 Education Law (i.e. OJ 2020, item 910, as amended) and in the Act of 7 September 1991 on the educational system (i.e. OJ 2020, item 1327, as amended) (Article 6(1)(4) of the Act);
  7. access to health care services in emergencies (Article 6(1)(5) of the Act);
  8. 37% discount for travel by passenger, fast and express trains in Poland, on the basis of one-way ticket (Article 6(1)(6) of the Act);
  9. free entrance to selected state museums in Poland (Article 6(1)(7) of the Act);
  10. consul’s assistance in a situation where life or security are threatened, within the competences of the consul, as well as with the application and respect for customs and the international law (Article 6(1)(8) of the Act);
  11. prority in applying for financial aid intended for support Poles abroad (Article 6(2) of the Act);
  12. receipt of a cash benefit for partial coverage of subsistence in Poland in the case of submitting an application for permanent residence; the cash benefit is granted for a period of up to 9 months (Article 8a – 8e of the Act).

4. Procedure for granting the Pole’s Card

When discussing the procedure for granting the Pole’s Card, it should be first pointed out that the provisions of the Administrative Procedure Code apply to the proceedings in cases regulated in the Act (i.e. OJ 2021, item 735, as amended), unless the Act provides otherwise. On the other hand, the provisions of the Act of 25 June 2015 Consular law apply to matters falling within the competence of the consuls (i.e. OJ 2021, item 823, as amended).

The Pole’s Card is granted and reneved by means of decisions (Article 12(1) of the Act). The proceedings are opened upon the written request of a person applying for the granting or reneval of this document (Article 12(1) of the Act). The request should be adressed to the consul competent for the applicant’s place of residence. It may also be adressed to the voivode. Indeed, the Council of Ministers has the power to designate, by means of a regulation, the voivode as the competent authority for receiving applications fro granting or reneving the Pole’s Card, as well as for issuing decisions in these cases (Article 12(2, 4) of the Act).

It should be emphasised that the submission of an application for the Pole’s Card or for its renewal, as well as the decision in these matters, is free of any charge, including consular fees (Article 12(3) of the Act).

The application for granting / reneving the Pole’s Card should contain the following data:

  1. first name and surname;
  2. date and place of birth;
  3. gender;
  4. residence address abroad;
  5. citizenship or stateless status;
  6. nationality;
  7. citizenship and nationality of parents, grandparents or great-grandparents, if their data has been indicated by the person applying for the Pole’s Card (Article 13(1) of the Act).

The applicant must provide documents and other evidence confirming the fulfillment of the conditions/requirements for applying for the Pole’s Card. These may include, in particular:

  • Polish identity documents;
  • civil status records or their copies, baptism certificates, school certificates or other documents confirming the relationship with Polishness;
  • documents which confirm military service in Polish military formations;
  • documents which confirm the fact of deportation or imprisonment and contain a record informing about Polish origin;
  • documents which concern the rehalibilitation of a deported person and contain a record informing about Polish origin;
  • foreign identity cards which contain information on their holder’s Polish nationality;
  • a certificate from a Polish or Polish diaspora organisation, confirming active involvement in activity for the language and culture of Poland or of Polish national minority;
  • the final decision on the determination of Polish origin, taken in accordance with the provisions of the Act on Repatriation;
  • the Pole’s Card of the applicant’s parent or one of his/her grandparents (Act 13(2, 3) of the Act).

With regard to an applicant particularly meritorious for the Republic of Poland, a decision on granting the Pole’s Card may be taken without the need to present the above-mentioned documents by the applicant (Article 13(6) of the Act).

The applicant attaches a copy of a valid document confirming the identity to the application for the Pole’s Card (Article 14 of the Act).

As already demonstrated, one of the conditions for receiving the Pole’s Card is that the foreigner shows the knowledge of the Polish language. This should be done by submitting an official attestation of Polish language proficiency, a certificate of graduation from a school or university in the Republic of Poland or a certificate of graduation from a school abroad with Polish as the language of instruction (Article 13(7) of the Act). If the applicant can’t prove the knowledge of Polish with the above-mentioned documents, the consul or voivode conducts the interview to assess it (Article 13(8) of the Act).

The Pole’s Card is granted to a minor at the request of his/her parents when both of them have such a document. If only one of the parents holds the Pole’s Card, the consent of the other parent is required, expressed in a declaration submitted to a consul or notary, or to a voivode. The authorisation of the other parent isn’t necessary if he/she doesn’t have parental responsibility (Article 16(1) of the Act).

It should be remembered that the granting of the Pole’s Card to a minor over 16 years of age may take place only with his/her consent (Article 16(2) of the Act).

5. Refusal to grant the Pole’s Card

The decision to refuse to grant the Pole’s Card is issued in stricly defined cases, specified in Article 19 of the Act. It results from this provision that the authority which has received the request for the Card will refuse to grant such a document if:

  1. the applicant doesn’t fulfill the conditions specified in Article 2 of the Act;
  2. during the proceedings for granting the Pole’s Card, the applicant submitted a request or attached documents containing false personal data or false information, as well as he/she declared untruth or concealed the truth or if he conterfeited or forged a document in order to use it as authentic, either if he/she used such a document as authentic;
  3. the applicant or his/her ascendants have repatriated or have been repatriated from the Republic of Poland or from the Polish People’s Republic, pursuant to the repatriation agreements concluded in the years 1944-1957 by the Republic of Poland or by the Polish People’s Republic with the Byelorussian Soviet Socialist Republic, the Ukrainian Soviet Socialist Republic, the Lithuanian Soviet Socialist Republic, the Union of Soviet Socialist Republics, to one of the states party to these agreements;
  4. the applicant has acquired Polish citizenship or received a permanent residence permit in the Republic of Poland;
  5. it’s argued by reasons of defence, security or protection of public order of the Republic of Poland;
  6. the applicant has caused or is causing detriment to the Republic of Poland, especially to its independence and sovereignty, or he/she has been involved or is involved in the human rights violation (Article 19 of the Act).

6. Cancellation of the Pole’s Card

The cancellation of the Pole’s Card should be distinguished from the refusal to grant it. The invalidation takes place ex officio, by a decision issued by the Consul or the voivode. The decision in question is taken if, after receiving the Pole’s Card, its holder behaves in a derogatory manner towards the Republic of Poland or Poles, as well as in the case where he/her has renounced the Pole’s Card. The cancellation of this document may also take place if there are grounds for refusal to grand the Pole’s Card, specified in Article 19 (2, 5 or 6) of the Act. It is therefore the case where:

  • during the proceedings for granting the Pole’s Card, the applicant submitted a request or attached documents containing false personal data or false information, as well as he/she declared untruth or concealed the truth or if he conterfeited or forged a document in order to use it as authentic, either if he/she used such a document as authentic;
  • it’s argued by reasons of defence, security or protection of public order of the Republic of Poland;
  • the applicant has caused or is causing detriment to the Republic of Poland, especially to its independence and sovereignty, or he/she has been involved or is involved in the human rights violation.

The Pole’s Card may also be canceled when, due to a change in the data of the holder of this document, a new Card which contains modified information has been issued (Article 20(1) of the Act).

7. Cessation of validity of the Pole’s Card

In the event that the holder of the Pole’s Card has acquired Polish citizenship or obtained a permanent residence permit in the Republic of Poland, the Card ceases to be valid by authority of law. It becomes invalid on the date of granting a document confirming the acquisition of Polish citizenship or on the date of obtaining a permanent residence permit (Article 20(1a) of the Act).

8. Period of validity

The Pole’s Card is valid for a period of 10 years from the date of its granting (Article 17(1a) of the Act).

The validity of the Pole’s Card may be extended for a further period of 10 years. This application may be submitted at least 6 months before the expiry of the Card (Article 17(2) of the Act).

If the Pole’s Card is granted to a person aged over 65 years, it’s issued for an unlimited period (Article 17(2a) of the Act). On the other hand, the Card given to a minor is valid for a period of 10 years from the date of its granting, but no longer than until the date on which one year has passed from attaining the age of majority (Article 17(3) of the Act). If, after the attainment of the age of majority and not later than 3 months before the date referred to in the previous sentence, the holder applies for a revalidation of the Card and signs a declaration of belonging to the Polish nation, the validity of the Pole’s Card is extended for a period of 10 years (Article 17(4) of the Act).

9. Register

All submitted applications and decisions issued in connection with the proceedings concerning the Pole’s Card are registered. Thus, the provision of Article 23(1) of the Act provides that the Consul and the voivode keep, each within the scope of their competence, a register of applications submitted for granting the Pole’s Card or for extending its validity, decisions issued in these cases, granted and cancelled Pole’s Cards, as well as those Pole’s Cards which have expired by authority of law.

The register in question contains information about the decisions issued and the following data of the persons concerned:

  1. first name and surname;
  2. date and place of birth;
  3. gender;
  4. residence address abroad;
  5. citizenship or stateless status;
  6. nationality;
  7. ctizenship and nationality of parents, grandparents or great-grandparents, if their data has been indicated by the person applying for the Pole’s Card (Article 23(2) of the Act).

Notwithstanding the foregoing, the Minister responsible for Foreign Affairs keeps a central register of granted and cancelled Pole’s Cards and those Pole’s Cards which have expired by authority of law. It contains the data mentioned above (Article 23(3) of the Act).

10. Legal notice

The study is a work within the meaning of the Act of 4 February 1994 on Copyright and Related Rights (OJ 2006, No. 90, item 631, consolidated text, as amended). Publishing or reproducing this study or its part, quoting opinions, as well as disseminating in any other way the information contained therein without the written consent of Crede sp. z o.o. is prohibited.

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