ATTENTION – THIS IS AN AUTOMATIC TRANSLATION from Polish
In matters concerning the confirmation of Polish citizenship, the Upper Silesian Convention of 15 May 1922 may be of key importance. Part II of this act specifically regulated the effects of the change of sovereignty in Upper Silesia regarding citizenship and the right of residence.
According to Article 25 § 1 of the Convention, German citizens residing in the Polish part of the plebiscite area at the time of the change of sovereignty acquired Polish citizenship ipso jure, losing German citizenship. Actual “residence,” understood as the center of personal and economic life, was decisive. Individuals who settled in this area only after 1 January 1908 could acquire citizenship only upon individual authorization from Polish authorities.
Article 26 extended the acquisition of citizenship to persons born in the Polish part of the plebiscite area to parents residing there, even in certain cases despite residing outside this area. The Convention provided for a two-year deadline for exercising the right of option for German or Polish citizenship. A valid option also had consequences for the spouse and minor children.
The legal literature – including Ramus’s analyses – emphasizes that the right of option was personal in nature and constituted a mechanism for protecting the individual in the event of changes in national borders.
The provisions of Part II of the Convention remain relevant in proceedings for confirmation of Polish citizenship by descendants of individuals residing in Upper Silesia in 1922. It is crucial to determine:
• place and date of residence at the time of the change of sovereignty,
• possible exercise of the right of option,
• the effects of the option on family members.
These matters require a detailed analysis of archival material and a reconstruction of the historical legal status.
