Publication date: 18.02.2025
My name is Anna Mykolaivna Vykhodtseva, and I am a lawyer with experience since 2015. I specialize in international, immigration, civil, and tax law. I provide legal services to both individuals and businesses in Warsaw. I am fluent in Ukrainian, Russian, and Polish, which allows me to effectively work with clients of various nationalities and protect their rights in different jurisdictions. What sets me apart from other lawyers? I have 10 years of experience living and working in the legal field, and I also hold a Master's degree in Law from Poland, which I earned after 7 years of active practice. My personal experience, ambition, desire to learn new things, and adaptability help me successfully solve complex legal issues. I also have extensive experience in company management, constantly learning and improving my professional skills. My practice includes representation in courts, drafting legal documents, and advising on migration processes, civil, and tax matters. If you need professional legal support or consultation, feel free to reach out.
Appeal of Refusal for Polish Citizenship Due to Criminal Record
The client sought assistance after receiving a refusal for Polish citizenship due to a criminal record. This decision was issued by the Wojewoda Mazowiecki on January 3, 2024. According to the decision, it was stated that granting Polish citizenship to a foreigner posed a threat to the defense or security of the state, or to the protection of public security and order.
During a detailed case analysis and consultation with the client, it was revealed that the client indeed had a criminal record. Given the seriousness of the circumstances, appealing this refusal is one of the most complex and labor-intensive processes in legal practice. However, thanks to a professional approach, we not only prepared an effective appeal but also resolved the issue of removing the client from the Krajowy Rejestr Karny (National Criminal Record Register) and received a positive decision on citizenship.
Case Details
- Date of Appeal: 2024.
- Plaintiff: client who was refused citizenship due to a criminal record.
- Reason for Refusal: criminal record, deemed a threat to state security and order.
- Decision by Wojewoda: refusal to grant citizenship according to Article 31 of the Polish Citizenship Act.
Actions Taken
- Client Consultation: conducted a consultation with the client to understand all the circumstances, including the criminal record.
- Legal Analysis: performed a legal analysis to assess the possibility of filing an appeal based on the refusal.
- Appeal Preparation: an appeal was written on January 17, 2024, taking into account all legal grounds to annul the refusal.
- Removal from Records: measures were taken to remove the client from the Krajowy Rejestr Karny, improving their legal situation.
- Submission to the Ministry: documents were prepared and submitted to the Ministry of the Interior and Administration for a positive citizenship decision.
Outcome
- Positive Decision: on March 25, 2024, a positive decision was received recognizing the client as a Polish citizen.
- Removal from Criminal Record Register: successfully completed the process of removing the client from the Krajowy Rejestr Karny, facilitating citizenship approval.
Questions and Answers
Question
What are the possibilities for an appeal when citizenship is refused due to a criminal record?
Answer
An appeal can be filed based on an assessment of the security risk and justification of the applicant's rehabilitation prospects.
Question
How quickly can a decision be made after filing an appeal?
Answer
Usually, the appeal process takes 2 to 3 months, depending on the complexity of the case and the necessary checks.
Why Contact a Lawyer?
- Professional Support: the lawyer will help correctly prepare all the documents and submit an appeal against the refusal.
- Protection of Rights: legal support to ensure the client’s rights in complex situations.
- Time Savings: assistance in efficiently navigating all legal stages without errors.
Legal Support: providing all necessary services at every stage of the appeal.
Consultations on legal issues and court procedures in Poland.
Results Achieved: successful completion of all stages of the appeal process.
Appealing a citizenship refusal due to a criminal record is a complex process, but with a professional approach, the client was able to successfully challenge the decision and achieve a positive result, which allowed them to legalize their stay and become a Polish citizen.
