The Act provides for the possibility to recognise a person as a repatriate, if:

1. they are of Polish origin
2. before the date of the Act coming into force, they permanently resided in the territory of the present Republic of Armenia, Republic of Azerbaijan, Georgia, Republic of Kazakhstan, Kyrgyz Republic, Republic of Tajikistan, Turkmenistan, Republic of Uzbekistan or the Asian part of the Russian Federation
3. there are no circumstances which would lead to a refusal to issue a visa to them, as referred to in Article 10a
4. they stayed in the territory of the Republic of Poland on the basis of a permit referred to in Article 144 of the Act of 12 December 2013 on foreigners (Journal of Laws of 2020, item 35), or the right of residence to which they are entitled in connection with studies, as referred to in Article 16(1)(3) of the Act of 14 July 2006 on the entry into, residence in and exit from the Republic of Poland of nationals of the European Union Member States and their family members (Journal of Laws of 2019, item 293)
5. they applied to the Voivode within 12 months after graduating from university

 

Moreover, a person may be recognised as a repatriate, if:

1. they are of Polish origin
2. before the date of the Act coming into force, they permanently resided in the territory of the present Republic of Armenia, Republic of Azerbaijan, Georgia, Republic of Kazakhstan, Kyrgyz Republic, Republic of Tajikistan, Turkmenistan, Republic of Uzbekistan or the Asian part of the Russian Federation
3. there are no circumstances that would lead to a refusal to issue a visa to them, as referred to in Article 10a
4. they have resided in the territory of the Republic of Poland pursuant to a permanent residence permit, permit for settlement or permanent residence right
5. they have a source of income in the Republic of Poland as well as a legal title to the occupied residential premises.

 

The status of a repatriate can also be acquired by a person who meets all the following criteria:

1. they acquired a residence permit to stay in the territory of the Republic of Poland as a repatriate’s spouse
2. there are no circumstances that would lead to a refusal to issue a national visa to them for repatriation purposes, as referred to in Article 10a of the Act
3. they have a source of income in the Republic of Poland as well as a legal title to the occupied residential premises (the condition is not mandatory in the case of minors and persons who have pension or disability rights in the territory of the Republic of Poland)

 

The decision on recognition as a repatriate is issued by the Voivode competent for the intended place of settlement of the person applying for recognition as a repatriate. The decision is issued on application, which is submitted on a form (completed in Polish), containing:

1. data and information on the applicant
2. data and information on the applicant’s spouse
3. data and information concerning minors remaining under the applicant’s parental authority, if the application includes such persons
4. information on the basis for residence in the territory of the Republic of Poland
5. information on the source of income in the Republic of Poland
6. information on the legal title to residential premises occupied in the territory of the Republic of Poland
7. a statement made under penalty of criminal liability for making false statements that the data contained in the application is true
8. a supporting statement

 

This application must be accompanied by:

1. a curriculum vitae of the applicant
2. applicant’s current photographs
3. a consul’s decision on confirming the applicant’s Polish origin
4. an officially certified copy of a valid document proving the identity and citizenship of the applicant
5. copy of the applicant’s birth certificate
6. a copy of the marriage certificate or any other document specifying the marital status of the applicant
7. an officially certified copy of the applicant’s residence card
8. documents proving that before the date of the Act coming into force the applicant permanently resided in the territory of the present Republic of Armenia, Republic of Azerbaijan, Georgia, Republic of Kazakhstan, Kyrgyz Republic, Republic of Tajikistan, Turkmenistan, Republic of Uzbekistan or the Asian part of the Russian Federation.

 

Documents drawn up in a foreign language should be submitted along with their translation into Polish, prepared or certified by a sworn translator.

Before issuing a decision on recognition as a repatriate, the Voivode applies to the Head of the Internal Security Agency and the Head of the Foreign Intelligence Agency, and, if necessary, also to the Commander-in-Chief of the Border Guard Unit, the Voivodeship Police Commander-in-Chief (Police Commander-in-Chief for the Capital City of Warsaw) and the President of the Institute of National Remembrance – Commission for the Prosecution of Crimes against the Polish Nation, to provide data and information about the person applying for this decision relevant to the on-going proceedings.

The Voivode issues a decision on recognition as a repatriate within 30 days from the date of obtaining information from the aforementioned authorities.

Acquisition of Polish citizenship by way of recognition as a repatriate takes place on the day when the decision on recognition as a repatriate becomes final.