Conventions with the USSR regarding dual citizenship
After the demarcation of new borders as a result of World War II, many Poles remained in the territory of the Soviet Union. The USSR authorities, wanting to avoid this state of affairs, decided to sign international agreements with the People's Republic of Poland to regulate the issue of citizenship.
The first of them, signed in Warsaw on January 21, 1958 - Convention between the Government of the Polish People's Republic and the Government of the Union of Soviet Socialist Republics on the regulation of citizenship of persons with dual citizenship. It was a lex specialis in relation to the provisions of the Act on Polish Citizenship of 1951.
Persons residing in the territory of the USSR or the Polish People's Republic, who were their citizens according to the legislation of both countries, could choose the citizenship of one of them.
These persons, if they resided in the territory of one of the states but wanted to choose the citizenship of the other state, could submit a written declaration to the Embassy or Consulate within one year from the date of entry into force of the Convention.
Citizenship declarations are made by adults (persons over 18 years of age, or persons under the age of 18, if they are married).
Minor children had the citizenship of their parents, as long as both parents had the same citizenship.
If one of the parents was a citizen of the USSR and the other of the People's Republic of Poland, the citizenship of their minor children was determined on the basis of the unanimous declaration of the parents. In the absence of parental consent, the children retained the citizenship of the country in which they reside.
If each of the parents lives in the territory of another state, their children retained the citizenship of the parent who raised and supported them, unless the parents agreed otherwise.
Minor children with dual citizenship, whose parents have died or whose place of residence is unknown, retained the citizenship of the state in which they lived on the day of the lapse of one year from the date of entry into force of the Convention.
Minor children from 14 years of age could choose citizenship by submitting a declaration.
The choice of nationality under the Convention should be made on a completely voluntary basis.
Persons who have made a declaration of citizenship are considered only citizens of the country whose citizenship they chose.
Persons who, within one year from the date of entry into force of the Convention, did not submit a declaration of citizenship, were considered only as the country in which they resided.
Persons who chose the citizenship of the other Contracting Party could stay in their previous place of residence; the provisions on foreigners applied to these persons.
This agreement is still in force today.
Considering that the 1958 Convention did not contain provisions preventing the occurrence of cases of double citizenship, it was necessary to conclude another agreement - the Convention between the Government of the Polish People's Republic and the Government of the Union of Soviet Socialist Republics on preventing the occurrence of cases of double citizenship. The document was signed on March 31, 1965 and entered into force on January 30, 1966.
If one of the parents of a minor child was a citizen of the USSR and the other of the Polish People's Republic - they could, by agreement, choose citizenship for a child born after the entry into force of the Convention.
The choice of citizenship for the child was made by the parents by submitting a consent statement within three months from the date of the child's birth.
The authority competent to accept the declaration was:
- a local body of state administration, if the citizenship of the country on whose territory the child was domiciled was chosen for the child,
- a diplomatic mission or consular post if it resided in the territory of another state.
In the absence of a consistent declaration of the parents about the choice of citizenship for the child, the child will only have the citizenship of the country in which the child was born.
If the child was born in the territory of a third country, then in the absence of the parents' unanimous declaration of the choice of citizenship for him, the child will only have the citizenship of the country on whose territory the parents had their common place of residence before moving to the third country, and if they did not have such a place of residence. , will only have the mother's nationality.
Parents of a minor child who, on the date of entry into force of this Convention, had both the citizenship of the USSR and the People's Republic of Poland, could by agreement choose for him the citizenship of one of these countries by submitting a declaration.
In the absence of an unanimous statement by the parents about the choice of citizenship for the child, the child had only the citizenship of the country in which he was residing on the expiry of the three-month period from the date of birth. If the child lived in a country other than the USSR or the People's Republic of Poland at that time - it obtained citizenship of the state, no and whose territory was born (if born in the USSR or the People's Republic of Poland), or on whose territory the parents had a joint residence before moving to a third country, and if they did not have such a place of residence - only the mother's citizenship (if the child was born in a third country) .
A minor child who is also a citizen of both parties to the convention, and who remains under the parental authority of only one of the parents, had only his nationality from that date.
Where the exercise of parental responsibility over a minor child was entrusted under a court decision to only one of the parents, the child had only his nationality, unless the parents agreed otherwise by agreement.
A minor child whose parents were dead or whose place of residence was unknown, or a child who remained in custody due to the deprivation of parental authority or suspension of parental authority, will only have the citizenship of the country on whose territory they were residing on the day of the expiry of the year from entry into force of the convention.
The situation was different if the child was residing on that day in the territory of a third country - it obtained the citizenship of the country where the child was born (if he was born in the USSR or the People's Republic of Poland), or on whose territory the parents had a joint residence before moving to a third country, and if they did not have such a place of residence - only the mother's nationality (if the child was born in a third country).
Adult persons residing in the territory of a third country, who on the date of entry into force of the Convention, at the same time had the citizenship of both parties to the agreement, to which the provisions of the previously described Convention did not extend, could choose citizenship.
Since the entry into force of the Convention, neither the USSR nor the People's Republic of Poland accepted applications for the acquisition of citizenship by persons having the citizenship of the other country. Exceptionally, it could be done after presenting a document confirming that there are no obstacles to change of citizenship.
Persons who acquired dual citizenship before the date of entry into force of the Convention had, from that date, only the citizenship of the state on whose territory they lived. If people resided in the territory of a third country, they only had the citizenship they acquired later.
If the citizenship was chosen, the person had, from the date of acceptance of the declaration, only the chosen citizenship.
This convention expired on April 30, 2002 as a result of its termination by the Republic of Poland in its relations with Ukraine and Belarus.
However, the repeal of the Convention in relations with the Russian Federation took place as a result of the entry into force of the Protocol between the Government of the Republic of Poland and the Government of the Russian Federation drawn up in Warsaw on July 27, 1999.