Registration of a foreigner's marriage with a Polish citizen can be done at home or in Poland. But most, as a rule, brides and grooms prefer to register their marriage in Poland. To do this, it is necessary...
It is necessary to know that the registration of marriage with a Polish citizen itself takes place only a month after the submission of all necessary documents and the application of the two parties to the marriage department. It is possible to shorten this waiting period and get a marriage permit earlier only for very good reasons (for example, the bride's pregnancy).
To begin with, you need to know that marriage in Poland is regulated, as in most countries of the world, by family and guardianship codes.
There are two ways to register a marriage here:
- In civilian form - by contacting the Polish Registry Office - Urząd stanu cywilnego (USC)
- In the confessional form - having passed the wedding ceremony in the church
According to Polish law, those marriages that are concluded in the Office of Civil Status and those that were taken in a church or other church are considered legal. So, whatever method of marriage you would not choose, both at USC and at the church you will need the same documents.
A wedding in these churches will be recognized as a legal and official marriage, which will have the same legal consequences as a marriage concluded in the Civil Status Department.
In order for a foreigner to be able to marry a Polish citizen, the future spouses must submit to the Civil Status Department an application from both parties about their intention to marry.
In addition, the foreigner must also attach the following set of documents to the application:
- Photo identification document (copy of passport)
- Copy of birth certificate with Polish translation
- Certificate from the country of origin on the possibility of marriage with a Polish translation (this document indicates that, according to the legislation of the country of origin, this person can marry).
It should also be remembered that at the time of marriage, a foreigner must be legally in Poland - have a visa (any type of national or Schengen visa will do), a biometric passport, a Pole card or a visit card.
After marriage in Poland, the spouses receive a marriage certificate, which documents the fact of marriage.
The necessary conditions for obtaining citizenship in this case will be:
- Stay of a foreigner married to a citizen for at least 3 years (from the date of official registration of marriage)
- Legal residence of a foreigner in Poland on the basis of a residence permit for at least 2 years;
- The presence of documented knowledge of the Polish language (a certificate of knowledge of the language is issued after passing the mandatory testing).
It is very important what the basis was for getting the card of the second half. If the Pole's card or of Polish origin, then yes, you can apply in a year. There are absolutely different conditions for each foundation.
Application for citizenship
If all three conditions are met - you have been living in Poland continuously for at least two years on the basis of a residence permit and have been married to a Pole / Polish woman for at least three years and have a certificate of knowledge of the Polish language, then you can safely apply for Polish citizenship. It is necessary to provide the voivode at your place of residence with the following documents:
- One completed application for recognition as a Polish citizen in Polish.
- 1 photo
- Original or certified copy of the certificate of state registration of acts of civil status (marriage certificate)
- A certified copy of a valid identity and citizenship document (passport, exit document)
- A certified copy of the permit for permanent residence, settlement or stay of a long-term resident of the EU
- A certified copy of the residence permit issued by the voivode
- Official confirmation of knowledge of the Polish language (certificate of graduation from school in Poland, certificate of graduation from school abroad with the Polish language of instruction or certificate issued by the State Commission for Certification of Knowledge of Polish as a Foreign Language)
- Application for dates of departure from Poland and return, as well as places of stay abroad during the necessary periods of continuous residence (for 2 years)
- A document confirming the Polish citizenship of the spouse (for example, a passport)
- Certificate of payment of the state fee for the issuance of a decision on recognition as a citizen of Poland
The stamp duty for the decision to grant Polish citizenship is 219 zloty. This amount can be refunded in case of a negative decision on the application of the person who applied for citizenship.
What is the danger of a fictitious marriage?
Take into account!
When considering the application, the voivode examines whether this marriage is legal, and whether there was falsification bypassing the law of Poland.
You also need to remember that the marriage is considered doubtful (fictitious), under the following circumstances:
- One of the spouses accepted property as a gift in exchange for marriage (unless this follows from a custom adopted in a particular state or social groups)
- The spouses do not live together.
- The couple had never met before getting married.
- Spouses do not speak a language understandable to both.
- The spouses' statements about their personal data and other material circumstances that concern them do not coincide.
Regarding the last point, it should be noted that often in order to verify the authenticity of the marriage, the governor makes calls, sometimes even several times a day, invites each of the spouses, as well as family members or friends of a Polish citizen for questioning.
At the same time, the husband and wife are interrogated separately, asking different questions (often of a personal nature) concerning their relationship (from the circumstances of acquaintance to the husband's favorite dish).
The answers of each of the spouses can be recorded on video or sound recording devices and checked to identify inaccuracies or vice versa to confirm the veracity of the testimony.
In this regard, a foreigner should be prepared for the fact that the procedure for granting a residence permit may be delayed (in controversial cases - even for several months).
Does Polish citizenship remain in case of divorce or death of one of the spouses?
If a foreigner has already obtained Polish citizenship based on marriage with a Pole / Polish woman and subsequently divorced, or one of the spouses has died, this cannot be a reason for revoking citizenship.
This also applies to the residence permit. If a foreigner has received a residence permit on the basis of marriage with a Pole / Polish woman, and later the spouses divorced, or one of the spouses died, the foreigner still retains a residence permit, which will be valid until the end of its term.