Polish Charter

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Polish Charter - example document

Polish Charter (Polish: Karta Polaka) is a document confirming belonging to the Polish nation, which may be given to individuals who do not have Polish citizenship or permission to reside in Poland and who declare belonging to the Polish nation and fulfill the conditions defined by a law. It was estabilished by the law on the Polish Charter of 7 September 2007 (Dz.U. 2007 nr 180 poz. 1280), which specifies the rights of the holder of the Charter, the rules for granting, loss of validity and rescission of the Charter and the competencies of the public administration's bodies and procedures in these cases. The law came into force on 29 March 2008.

1 Conditions for granting
2 Rights of holder
3 Granting procedure
4 Ratio legis
5 See also
6 External links

[edit] Conditions for granting

The Charter can be granted to people who do not have Polish citizenship or permission to reside in Poland and who are citizens of the former Soviet Union states: Republic of Armenia, Republic of Azerbaijan, Republic of Belarus, Republic of Estonia, Georgia, Republic of Kazakhstan, Kyrgyz Republic, Republic of Lithuania, Republic of Latvia, Republic of Moldova, Russian Federation, Republic of Tajikistan, Turkmenistan, Ukraine and Republic of Uzbekistan.

Map showing states of which citizens of Polish origin can apply for a Polish Charter (colour red), as of March 29, 2008.

Polish Charter can be granted to a person who declares belonging to "the Polish Nation" and meet the following conditions:

proves his/hers relationship with Polishness by at least a basic knowledge of the Polish language, which considers a native language, and knowledge and cultivating Polish traditions and habits;
in the presence of the consul of the Republic of Poland or an authorized employee of Polonial organisation submits a written declaration of belonging to "the Polish Nation";
proves that at least one of his/hers parents or grandparents or two grand grandparents were of Polish nationality or had Polish citizenship, or present an attestation of 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 for a period of at least the past three years.

Those who have confirmed Polish origin by the procedure established in the law on repatriation of 9 November 2000 (Dz. U. z 2000 r. Nr 106, poz. 1118) can also apply for Polish Charter, on the condition they fulfill terms stated above.

The Charter can be granted to children of Charter's owners as well. If only one parent has the Charter, the consent of the other expressed in a statement before consul is necessary (on the condition he or she holds parental responsibility). Granting of the Charter to a minor who is over 16 year old may occur only with his consent.

[edit] Rights of holder

Granting of the Charter does not mean acquiring Polish citizenship or confirmation of Polish origin within the meaning of other law acts. The Charter does not entitle to cross the border or settle on 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 lose the possibility to procure for the Charter and the document already granted is rescissed. Holder of the Charter has a number of rights though.

The holder may apply for an 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 which dispose minister responsible for foreign affairs and is made through the proper consul.

Polish Charter holder has the right to:

exemption from the obligation to have a work permit for foreigners;
settle up a company on the same basis as citizens of Poland;
study, do a doctorate and participate in the other forms of education, as well as participate in research and development work. The holder of the Charter retains the right to apply for scholarships and other forms of aid for foreigners;
preschool, primary and secondary education i Poland;
use of health care services in the states of emergency;
37% discount on public transport omnibus, flier and express rail travel;
free admission to state museums.

Executing the rights stated in pts 3-7 (study, education, health care, public transport, museums) requires the presentation of the Charter and a valid document confirming the identity of the holder.

[edit] Granting procedure

The granting of the Charter Pole is an administrative decision, followed by prescribed procedure commenced upon written application of the individual or his legal representative. Proper authority for the grant of the Charter is 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 Charter. Exemplary documents and evidences are:

Polish identity documents;
vital records or their copies, baptism metric, school certificates or other documents proving relationship with Polishness;
documents attesting military service in the Polish military formations;
documents proving the deportation or imprisonment (eg. 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 law on repatriation of 9 November 2000 (on the basis of this decision proper consul must grant the Charter).

Consul may exempt meritorious Pole from the obligation to fulfill terms stated above.

Consul estimates Polish language proficiency 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. Currently there are 34 entitled organizations, including Union of Poles in Belarus and Association of Poles in Lithuania.

Before issuing the decision to grant the Charter consul may ask Head of the Internal Security Agency or other administrative units whether the there are reasons not to grant the Charter (reasons of defence, security or protection of public order or acting of the applicant against fundamental interests of the Republic of Poland).

The Polish Charter is issued by a proper consul or person authorized by him for a 10-year period with a possible further extension of another 10 years. If possible, handing over of the Charter is carried on ceremonial manner. In the case of loss or destruction of the Charter consul issues a duplicate, at the request of the holder.

In the case of a negative decision of a consul, the applicant – by the consul’s hand – can appeal to the Council for Poles in the East.

[edit] Ratio legis

The Charter is intended to aid Polish communities abroad, eg. by maintaining national heritage. Members of Polish minorities in the Post-Soviet states have limited access to Poland since Poland's joining the European Union's Schengen Agreement at 21 December 2007, which imposed stricter border controls and necessity of visas on Poland's eastern neighbors.