Polish regulations require the submission of specific documents to the Registry Office in order to enter into marriage with a foreigner. These conditions may vary depending on the foreigner's nationality. In some particular cases, obtaining the court's consent for marriage
with a foreigner may be necessary. A foreigner intending to enter into marriage with a Polish citizen must present the documents required by law. The documents required from a foreigner are regulated by Art. 79 of the Polish Civil Status Acts.
According to Art. 79(1) of the Civil Status Acts, a nuptial intending to marry, being a foreigner, shall submit:
1) statement that there are no circumstances excluding the conclusion of marriage
2) copy of the birth certificate, and if previously in a marital relationship – a copy of the marriage certificate with an annotation of its termination, annulment, or determination of its non-existence, or a copy of the marriage certificate with a document confirming its termination or annulment, or a document confirming the determination of the non-existence of marriage, if based on other submitted documents, it is not possible to establish the necessary data to draw up the marriage certificate;
3) document confirming that according to the relevant law, they can enter into marriage.
Countries issuing certificates stating that a foreigner can enter into marriage in accordance with the relevant law
Countries issuing certificates stating that a foreigner can enter into marriage in accordance with the relevant law include: Angola, Austria, Belgium, Brazil, Belarus, Bulgaria, Chile, China, Cyprus, Czech Republic, Denmark, Finland, France, Netherlands, Ireland, Japan, Yemen, Jordan, Kenya, Costa Rica, Cuba, Laos, Liberia, Luxembourg, Latvia, Mexico, Mongolia, Mozambique, Germany, Nigeria, Norway, New Zealand, Portugal, Russia, Senegal, Slovenia, Sudan, Switzerland, Sweden, Thailand, Tanzania, Togo, Tunisia, Turkey, Uruguay, Hungary, Great Britain, Vietnam, Italy, Zimbabwe.
If obtaining a certificate confirming that according to the relevant law, a foreigner can enter into marriage encounters difficulties that are difficult to overcome, the court, in non-litigation proceedings at the request of the foreigner, may exempt them from submitting this document. In the proceedings for exemption of the foreigner from submitting the document, the court, based on the relevant law, determines whether this person can enter into marriage (Art. 79(2) of the Civil Status Acts).
Countries that do not issue certificates stating that a foreigner can enter into marriage in accordance with the relevant law
Countries that do not issue certificates stating that a foreigner can enter into marriage in accordance with the relevant law include, among others: Albania, Saudi Arabia, Argentina, Australia, Bangladesh, Bolivia, Croatia, Egypt, Ecuador, Estonia, Ethiopia, Ghana, Greece, Guyana, Guatemala, Spain, Honduras, India, Indonesia, Iraq, Iran, Israel, Cambodia, Cameroon, Canada, Colombia, Korea, North Korea, Kuwait, Lesotho, Lebanon, Libya, Lithuania, Macedonia, Mali, Malta, Morocco, Namibia, Pakistan, Panama, Peru, South Africa, Romania, Serbia, Singapore, Sri Lanka, United States of America, Syria, Ukraine, Zambia, United Arab Emirates.
In proceedings for the exemption of the foreigner from submitting the document, the court, based on the relevant law, determines whether this person can enter into marriage (Art. 79(2) of the Civil Status Acts).
Marriage of a Pole with a Ukrainian
Ukraine does not issue certificates in a form recognized by Polish civil registry offices, indicating that a foreigner can enter into marriage according to the relevant law. If a Polish citizen intends to marry a Ukrainian, the prospective spouse must apply to the court to exempt the foreigner from submitting proof of legal capacity to enter into marriage.
Marriage of a Pole with a Belarusian Citizen
The political situation in Belarus causes Belarusian citizens residing in Poland to fear returning to their home country due to possible political persecution or forced military service. Undoubtedly, these are significant obstacles to obtaining the document necessary for marriage with a Polish citizen. In such a case, a Belarusian citizen should apply to the Polish court to be exempted from submitting proof of legal capacity to enter into marriage. After obtaining a final court decision and in the absence of other obstacles, a Belarusian citizen may enter into a marital relationship with a Polish citizen.
Marriage of a Pole with a Filipino
The Philippines issue certificates in a form recognized by Polish civil registry offices, stating that a foreigner can enter into marriage according to the relevant law. If a Polish citizen intends to marry a Filipino, the prospective spouse must contact the Embassy of the Philippines in Warsaw.
Marriage of a Pole with an American Citizen
The United States of America does not issue certificates in a form recognized by Polish civil registry offices, stating that a foreigner can enter into marriage according to the relevant law. If a Polish citizen intends to marry an American citizen, the prospective spouse must apply to the court to exempt the foreigner from submitting proof of legal capacity to enter into marriage.
How to Obtain Polish Citizenship After Marriage?
Acquiring Polish citizenship is not automatic after entering into a marital relationship, but it does open the door to it. A foreigner who has entered into a marital relationship with a Polish citizen may obtain such citizenship.
The Voivode may recognize a foreigner as a Polish citizen if:
the foreigner has been continuously residing on the territory of the Republic of Poland for at least 2 years based on a permanent residence permit, a long-term resident's EU residence permit, or the right to permanent residence, and has been in a marital relationship with a Polish citizen for at least 3 years. Granting Polish citizenship to the spouse of a Polish citizen may take place in the course of administrative proceedings before the Voivode or by the President of the Republic of Poland.
