Karta Polaka
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Karta Polaka ( Pole's Card, also translated as Polish Card), is a document confirming belonging to the Polish nation, which may be given to individuals who cannot obtain dual citizenship in their own countries while belonging to the Polish nation according to conditions defined by law; and, who do not have prior Polish citizenship or permission to reside in Poland. It was established by an act of the
Polish parliament The parliament of Poland is the Bicameralism, bicameral legislature of Poland. It is composed of an upper house (the Senate of Poland, Senate) and a lower house (the Sejm). Both houses are accommodated in the Sejm and Senate Complex of Poland, S ...
dated 7 September 2007 called the Act on the Pole's Card (''Ustawa o Karcie Polaka'', Dz.U. 2007 no. 180/1280), which specifies the rights of the holder of the Card, the rules for granting, loss of validity and rescission of the Card, and the competencies of the
public administration Public administration, or public policy and administration refers to "the management of public programs", or the "translation of politics into the reality that citizens see every day",Kettl, Donald and James Fessler. 2009. ''The Politics of the ...
's bodies and procedures in these cases. The law
came into force In law, coming into force or entry into force (also called commencement) is the process by which legislation, regulations, treaties and other legal instruments come to have legal force and effect. The term is closely related to the date of this ...
on 29 March 2008.


Conditions for granting

Initially, the Card could be granted to people who do not have Polish
citizenship Citizenship is a membership and allegiance to a sovereign state. Though citizenship is often conflated with nationality in today's English-speaking world, international law does not usually use the term ''citizenship'' to refer to nationalit ...
or permission to reside in Poland and who are citizens of the
former Soviet Union The post-Soviet states, also referred to as the former Soviet Union or the former Soviet republics, are the independent sovereign states that emerged/re-emerged from the dissolution of the Soviet Union in 1991. Prior to their independence, they ...
states:
Armenia Armenia, officially the Republic of Armenia, is a landlocked country in the Armenian Highlands of West Asia. It is a part of the Caucasus region and is bordered by Turkey to the west, Georgia (country), Georgia to the north and Azerbaijan to ...
,
Azerbaijan Azerbaijan, officially the Republic of Azerbaijan, is a Boundaries between the continents, transcontinental and landlocked country at the boundary of West Asia and Eastern Europe. It is a part of the South Caucasus region and is bounded by ...
,
Belarus Belarus, officially the Republic of Belarus, is a landlocked country in Eastern Europe. It is bordered by Russia to the east and northeast, Ukraine to the south, Poland to the west, and Lithuania and Latvia to the northwest. Belarus spans an a ...
,
Estonia Estonia, officially the Republic of Estonia, is a country in Northern Europe. It is bordered to the north by the Gulf of Finland across from Finland, to the west by the Baltic Sea across from Sweden, to the south by Latvia, and to the east by Ru ...
,
Georgia Georgia most commonly refers to: * Georgia (country), a country in the South Caucasus * Georgia (U.S. state), a state in the southeastern United States Georgia may also refer to: People and fictional characters * Georgia (name), a list of pe ...
,
Kazakhstan Kazakhstan, officially the Republic of Kazakhstan, is a landlocked country primarily in Central Asia, with a European Kazakhstan, small portion in Eastern Europe. It borders Russia to the Kazakhstan–Russia border, north and west, China to th ...
,
Kyrgyzstan Kyrgyzstan, officially the Kyrgyz Republic, is a landlocked country in Central Asia lying in the Tian Shan and Pamir Mountains, Pamir mountain ranges. Bishkek is the Capital city, capital and List of cities in Kyrgyzstan, largest city. Kyrgyz ...
,
Lithuania Lithuania, officially the Republic of Lithuania, is a country in the Baltic region of Europe. It is one of three Baltic states and lies on the eastern shore of the Baltic Sea, bordered by Latvia to the north, Belarus to the east and south, P ...
,
Latvia Latvia, officially the Republic of Latvia, is a country in the Baltic region of Northern Europe. It is one of the three Baltic states, along with Estonia to the north and Lithuania to the south. It borders Russia to the east and Belarus to t ...
,
Moldova Moldova, officially the Republic of Moldova, is a Landlocked country, landlocked country in Eastern Europe, with an area of and population of 2.42 million. Moldova is bordered by Romania to the west and Ukraine to the north, east, and south. ...
,
Russia Russia, or the Russian Federation, is a country spanning Eastern Europe and North Asia. It is the list of countries and dependencies by area, largest country in the world, and extends across Time in Russia, eleven time zones, sharing Borders ...
,
Tajikistan Tajikistan, officially the Republic of Tajikistan, is a landlocked country in Central Asia. Dushanbe is the capital city, capital and most populous city. Tajikistan borders Afghanistan to the Afghanistan–Tajikistan border, south, Uzbekistan to ...
,
Turkmenistan Turkmenistan is a landlocked country in Central Asia bordered by Kazakhstan to the northwest, Uzbekistan to the north, east and northeast, Afghanistan to the southeast, Iran to the south and southwest and the Caspian Sea to the west. Ash ...
,
Ukraine Ukraine is a country in Eastern Europe. It is the List of European countries by area, second-largest country in Europe after Russia, which Russia–Ukraine border, borders it to the east and northeast. Ukraine also borders Belarus to the nor ...
and
Uzbekistan , image_flag = Flag of Uzbekistan.svg , image_coat = Emblem of Uzbekistan.svg , symbol_type = Emblem of Uzbekistan, Emblem , national_anthem = "State Anthem of Uzbekistan, State Anthem of the Republ ...
. Since 2019, the Card can be granted to citizens of all states (excluding Poland). The Card can be granted to a person who declares belonging to "the Polish Nation" and meets the following conditions: * proves his/her relationship with Polishness by at least a basic knowledge of the
Polish language Polish (, , or simply , ) is a West Slavic languages, West Slavic language of the Lechitic languages, Lechitic subgroup, within the Indo-European languages, Indo-European language family, and is written in the Latin script. It is primarily spo ...
, which is considered their
native language A first language (L1), native language, native tongue, or mother tongue is the first language a person has been exposed to from birth or within the critical period hypothesis, critical period. In some countries, the term ''native language'' ...
, along with knowledge and cultivating Polish traditions and habits; * in the presence of the
consul Consul (abbrev. ''cos.''; Latin plural ''consules'') was the title of one of the two chief magistrates of the Roman Republic, and subsequently also an important title under the Roman Empire. The title was used in other European city-states thro ...
of the Republic of Poland or an authorized employee of a Polish
organisation An organization or organisation ( Commonwealth English; see spelling differences) is an entity—such as a company, or corporation or an institution ( formal organization), or an association—comprising one or more people and having a pa ...
submits a written declaration of belonging to "the Polish Nation"; * proves that at least one of his/her parents or grandparents or two great-grandparents were of Polish
nationality Nationality is the legal status of belonging to a particular nation, defined as a group of people organized in one country, under one legal jurisdiction, or as a group of people who are united on the basis of culture. In international law, n ...
or had Polish citizenship, or present an attestation from a Polish or Polish diaspora organization acting on the territory of one of the above-mentioned states, confirming that he or she has been actively involved in Polish linguistic and cultural activities within Polish community of their region for a period of at least the past three years. Those who have confirmed Polish origin by the procedure established in the Act on
repatriation Repatriation is the return of a thing or person to its or their country of origin, respectively. The term may refer to non-human entities, such as converting a foreign currency into the currency of one's own country, as well as the return of mi ...
of 9 November 2000 (Dz.U. 2000 no. 106/1118) can also apply for the card, on the condition they fulfill the conditions stated above. The Card can also be granted to children of holders of the Card. If only one parent holds the Card, the consent of the other expressed in a statement before a consul is necessary (on condition he or she has parental responsibility). Granting of the Charter to a minor who is over 16 years old may occur only with his or her consent.


Rights of the holder

The Card does not mean acquiring citizenship or confirmation of Polish origin within the meaning of other acts. Nor does it entitle the holder to cross the border or settle in the territory of the Republic of Poland. A person of Polish origin wishing to settle in Poland needs a permanent residence card (however, after it is granted the person loses the right to apply for the Card and the document already granted is rescinded). A holder of the Card has the following
rights Rights are law, legal, social, or ethics, ethical principles of freedom or Entitlement (fair division), entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal sy ...
: The holder may apply for exemption from fees for consideration of an application for a country Schengen-visa (however, entitling to enter Poland only) and granting it or refund of fees. The refund is financed from the part of
state budget A government budget is a projection of the government's revenues and expenditure for a particular period, often referred to as a financial or fiscal year, which may or may not correspond with the calendar year. Government revenues mostly include ...
controlled by the minister responsible for foreign affairs and is made through the proper consul. A holder of the ''Karta Polaka'' has the right to: # exemption from the obligation to have a
work permit A work permit or work visa is the permission to take a job within a foreign country. The foreign country where someone seeks to obtain a work permit for is also known as the "country of work", as opposed to the "country of origin" where someone ho ...
for foreigners; # set up a
company A company, abbreviated as co., is a Legal personality, legal entity representing an association of legal people, whether Natural person, natural, Juridical person, juridical or a mixture of both, with a specific objective. Company members ...
on the same basis as citizens of Poland; # study, do a
doctorate A doctorate (from Latin ''doctor'', meaning "teacher") or doctoral degree is a postgraduate academic degree awarded by universities and some other educational institutions, derived from the ancient formalism '' licentia docendi'' ("licence to teach ...
and participate in the other forms of
education Education is the transmission of knowledge and skills and the development of character traits. Formal education occurs within a structured institutional framework, such as public schools, following a curriculum. Non-formal education als ...
, as well as participate in research and development work. The holder retains the right to apply for
scholarship A scholarship is a form of Student financial aid, financial aid awarded to students for further education. Generally, scholarships are awarded based on a set of criteria such as academic merit, Multiculturalism, diversity and inclusion, athleti ...
s and other forms of aid for foreigners; #
preschool A preschool (sometimes spelled as pre school or pre-school), also known as nursery school, pre-primary school, play school, is an school, educational establishment or learning space offering early childhood education to children before they ...
,
primary Primary or primaries may refer to: Arts, entertainment, and media Music Groups and labels * Primary (band), from Australia * Primary (musician), hip hop musician and record producer from South Korea * Primary Music, Israeli record label Work ...
and secondary education in Poland; # use of health care services in the states of emergency; # 37% discount on
public transport Public transport (also known as public transit, mass transit, or simply transit) are forms of transport available to the general public. It typically uses a fixed schedule, route and charges a fixed fare. There is no rigid definition of whic ...
omnibus, flier and express rail travel; # free admission to state
museum A museum is an institution dedicated to displaying or Preservation (library and archive), preserving culturally or scientifically significant objects. Many museums have exhibitions of these objects on public display, and some have private colle ...
s. Enforcement of the rights listed in 3–7 (study, education, health care, public transport, museums) requires the presentation of the Card and a valid document confirming the identity of the holder.


Granting procedure

The granting of the card is an administrative decision, followed by prescribed procedure commenced upon written application of the individual or his legal representative. The proper authority for the grant of the card is the consul of consular district of the place of residence. This procedure is free of consular fees. The applicant is required to present documents or other evidences confirming compliance with the conditions for the granting of the Card. Examples of documents and evidence are: * Polish
identity document An identity document (abbreviated as ID) is a documentation, document proving a person's Identity (social science), identity. If the identity document is a plastic card it is called an ''identity card'' (abbreviated as ''IC'' or ''ID card''). ...
s * vital records or their copies, baptism metric, school certificates or other documents proving relationship with Polishness; * documents attesting
military service Military service is service by an individual or group in an army or other militia, air forces, and naval forces, whether as a chosen job (volunteer military, volunteer) or as a result of an involuntary draft (conscription). Few nations, such ...
in the Polish military formations; * documents proving the
deportation Deportation is the expulsion of a person or group of people by a state from its sovereign territory. The actual definition changes depending on the place and context, and it also changes over time. A person who has been deported or is under sen ...
or
imprisonment Imprisonment or incarceration is the restraint of a person's liberty for any cause whatsoever, whether by authority of the government, or by a person acting without such authority. In the latter case it is considered " false imprisonment". Impri ...
(e.g. Soviet repressions of 1939–1946) which include information of Polish origin; * documents of rehabilitation of deported person which include information of Polish origin; * foreign identity cards with information about the Polish nationality of the holder; * attestation of entitled Polish or Polonial organization acting on the territory of one of the states mentioned above, confirming that he/she have been actively involved in activities on behalf of Polish language and culture or Polish national minority. * final, legally binding decision on the determination of the Polish origin, as it is prescribed by the procedure established in the Act on repatriation of 9 November 2000 (on the basis of this decision the consul must grant the card). A consul may exempt meritorious Poles from the obligation to fulfil the terms stated above. The consul estimates Polish
language proficiency Language proficiency is the ability of an individual to use language with a level of accuracy which transfers meaning in production and comprehension. Definition There is no singular definition of language proficiency: while certain groups limit ...
and knowledge of Polish traditions and habits during interview with the applicant. Authorized employee of entitled Polish or Polonial organization can examine language proficiency as well. There are 34 entitled organizations, including Union of Poles in Belarus and Association of Poles in Lithuania. Before issuing the decision to grant the card, the consul may ask Head of the Internal Security Agency or other administrative units whether there are reasons not to grant the charter (reasons of defence, security or protection of public order or acting of the applicant against the fundamental interests of the Republic of Poland). The card is issued by a proper consul or person authorized by him for a ten-year period with a possible further extension of another 10 years. If possible, handing over of the card is carried out in a ceremonial manner. In the case of loss or destruction of the card, the consul issues a duplicate, at the request of the holder. In the case of a negative decision of a consul, the applicant may appeal through the consul to the ''Council for Poles in the East''.


Applicants

According to Grzegorz Opalinski, consul general of Poland in
Lviv Lviv ( or ; ; ; see #Names and symbols, below for other names) is the largest city in western Ukraine, as well as the List of cities in Ukraine, fifth-largest city in Ukraine, with a population of It serves as the administrative centre of ...
, the number of Poles interested in receiving the Card may reach 200,000 in Western Ukraine. Polish consular services in Lviv received around 20,000 applications in the month of February 2009 alone. To meet the demand, consulates in both Lviv and
Lutsk Lutsk (, ; see #Names and etymology, below for other names) is a city on the Styr River in northwestern Ukraine. It is the administrative center of Volyn Oblast and the administrative center of Lutsk Raion within the oblast. Lutsk has a populati ...
had to employ additional staff. Also, additional consulates of Poland were opened in January 2009, in
Vinnytsia Vinnytsia ( ; , ) is a city in west-central Ukraine, located on the banks of the Southern Bug. It serves as the administrative centre, administrative center of Vinnytsia Oblast. It is the largest city in the historic region of Podillia. It also s ...
and
Ivano-Frankivsk Ivano-Frankivsk (, ), formerly Stanyslaviv, Stanislav and Stanisławów, is a city in western Ukraine. It serves as the administrative centre of Ivano-Frankivsk Oblast as well as Ivano-Frankivsk Raion within the oblast. Ivano-Frankivsk also host ...
. The process is hampered by the stance of governments of some nations, especially
Belarus Belarus, officially the Republic of Belarus, is a landlocked country in Eastern Europe. It is bordered by Russia to the east and northeast, Ukraine to the south, Poland to the west, and Lithuania and Latvia to the northwest. Belarus spans an a ...
and
Lithuania Lithuania, officially the Republic of Lithuania, is a country in the Baltic region of Europe. It is one of three Baltic states and lies on the eastern shore of the Baltic Sea, bordered by Latvia to the north, Belarus to the east and south, P ...
. In Lithuania, a conservative MP Gintaras Songaila publicly stated that two MPs who represent Polish minority there ( Waldemar Tomaszewski and Michal Mackiewicz) should resign, because they accepted the Card. Similar opinion has been presented by Andrius Kubilius. Also, another problem is poor command of Polish language, which is one of conditions of granting the card. In Ukraine, according to estimates of Polish consul in
Kyiv Kyiv, also Kiev, is the capital and most populous List of cities in Ukraine, city of Ukraine. Located in the north-central part of the country, it straddles both sides of the Dnieper, Dnieper River. As of 1 January 2022, its population was 2, ...
, Edward Dobrowolski, only about half applicants received their cards. Polish Ministry of Foreign Affairs informed in late January 2009, that most applicants come from the areas of
Hrodna Grodno, or Hrodna, is a city in western Belarus. It is one of the oldest cities in Belarus. The city is located on the Neman River, from Minsk, about from the border with Poland, and from the border with Lithuania. Grodno serves as the ad ...
, Brest, Lutsk and Lviv. 85% of all applicants were residents of either Belarus or Ukraine. However, there are applicants from other states as well. On March 9, 2009, the first Card in Azerbaijan was received by Ms. Helena Szejch-Zade, while Polish consulate in Chişinău, Moldova, has been receiving a number of applications, mostly from the town of Bălţi, where lives a 2,000-strong Polish minority.More Cards in Moldova
/ref>


Ratio legis

The Charter is intended to aid Polish communities abroad, e.g. by maintaining national heritage. Members of Polish minorities in the
Post-Soviet states The post-Soviet states, also referred to as the former Soviet Union or the former Soviet republics, are the independent sovereign states that emerged/re-emerged from the dissolution of the Soviet Union in 1991. Prior to their independence, they ...
have limited access to Poland since Poland's joining the
European Union The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are Geography of the European Union, located primarily in Europe. The u ...
's
Schengen Agreement The Schengen Agreement ( , ) is a treaty which led to the creation of Europe's Schengen Area, in which internal border checks have largely been abolished. It was signed on 14 June 1985, near the town of Schengen, Luxembourg, by five of the t ...
on 21 December 2007, which imposed stricter border controls and necessity of visas on Poland's eastern neighbors.


See also

* Polish nationality law * Polish diaspora * The Foundation Aid to Poles in the East * Polish identity card * Polish passport


References


External links


Internet System of Law Acts: The text of the ''Karta Polaka'' in Polish (choose ''Tekst ujednolicony'')



Chancellery of the Prime Minister: ''Poles living in the East can apply for Polish Charter''
{{in lang, en, pl 2007 in law Polish diaspora Residence permit Polish nationality law 2007 introductions