My child was born in Poland: Will they become a Polish citizen? How do I apply for a residence permit?

One of the questions we are often asked by families of foreign nationals living in Poland is:

“Our child was born in Poland. Have they become a Polish citizen?”

This is usually followed by the following question:

“We have a residence permit. Is our child automatically included in our residence permit?”

The answer to both questions is, in most cases, no.

Being born in Poland does not, in itself, grant the child Polish citizenship. Similarly, the fact that a parent holds a residence card does not automatically include the newborn baby in the parent’s residence permit.

After birth, the child’s citizenship, passport and legal residence status in Poland must be arranged separately. The Polish Office for Foreigners also clearly states that a child born in Poland is not automatically included in a parent’s residence permit.

It is therefore particularly important that foreign parents do not delay these procedures after the birth.

Does Being Born in Poland Automatically Grant Polish Citizenship?

No.

Poland does not operate a general system of citizenship based solely on being born in the country.

According to Article 14 of the Polish Citizenship Act, a child acquires Polish citizenship by birth primarily in the following circumstances:

If at least one of their parents is a Polish citizen.

Furthermore, the law provides for the acquisition of citizenship if the child is born on Polish territory and their parents are unknown, do not hold any citizenship, or their citizenship cannot be determined.

Therefore:

Turkish mother + Turkish father + child born in Warsaw

in this standard scenario, the child does not become a Polish citizen simply because they were born in Warsaw.

What happens if the mother or father is a Polish citizen?

The situation changes completely.

At the time of the child’s birth:

if at least one of the parents is a Polish citizen, the child generally acquires Polish citizenship by birth.

The decisive factor here is:

not whether the child was born in Poland, but whether one of the parents is a Polish citizen.

For example:

🇹🇷 The mother is a Turkish citizen 🇵🇱 The father is a Polish citizen

then the child may acquire Polish citizenship by birth.

The same rule applies in the opposite scenario.

What if both the mother and father are foreign nationals?

This is the crucial part.

For example:

The mother is a Turkish citizen.

The father is a Turkish citizen.

Both are legally resident in Poland.

The child is also born in Warsaw.

The fact that the child was born in Poland:

❌ does not automatically confer Polish citizenship,

❌ does not automatically grant Polish citizenship,

❌ does not mean the child is automatically added to the parent’s residence permit

.

The child’s legal status must be regulated separately.

“I have a residence card – can’t my child benefit from my card?”

Not automatically.

The Office for Foreigners directly answers this question as follows:

If a child is born whilst the parent is in Poland on a temporary residence permit, is the child automatically covered by the parent’s permit?

Answer:

No.

A separate residence procedure must be carried out for the child.

Therefore, the baby:

“The mother’s card is valid until 2028, so the child automatically has residence status.”

is incorrect.

The Parent’s Status May Determine the Type of Residence Permit the Child Will Receive

There is no single procedure that applies to all children.

One of the most important questions is:

What was the mother’s or father’s residence status in Poland on the child’s date of birth?

For example, if the parent:

• on a national visa,
• a temporary residence permit (pobyt czasowy),
• a permanent residence permit (pobyt stały),
• Long-term EU residence (rezydent długoterminowy UE / EULT)

may be present in Poland.

This distinction may affect the route to residence available to the child.

1. If the mother or father holds a temporary residence permit

This is one of the most common scenarios for children born in Poland.

For example, if the mother or father has:

a temporary residence permit

and the child is born in Poland whilst this permit is valid.

In this case, subject to certain conditions, a temporary residence permit may be obtained for the child under Article 160(2) of the Act on Foreigners.

There is an important detail here.

It is important that the child is born whilst the parent holds a visa or temporary residence permit that is valid at that time and which forms the basis for their stay at the time of the child’s birth.

How Long Is the Child’s Initial Residence Permit Valid For?

In this procedure, the duration of the child’s residence permit is linked to the parent’s current status.

According to the MOS’s current guidance, the permit granted under Article 160(2):

is granted until the expiry date of the parent’s national visa or temporary residence permit

.

For example:

The mother’s or father’s residence permit:

is valid until 15 September 2027

, the child’s first residence permit under this special procedure may also be issued in line with the expiry date of the parent’s relevant permit.

Therefore, one should not assume that the baby is automatically granted an independent three-year residence permit.

Very Important: This Special Permit Can Only Be Granted Once on the Same Basis

This is one of the key details in the MOS’s current guidance.

This temporary residence permit, granted under Article 160(2) for a child born in Poland, cannot be renewed repeatedly on the same legal basis.

The MOS explicitly states that this permit can only be granted once.

Before the permit expires, the child’s subsequent stay:

• on the basis of another temporary residence permit or
• by means of a permanent residence permit, provided the conditions are met

must be arranged.

This detail is often overlooked by families.

2. The Situation Can Be Much More Favourable If a Parent Has Permanent Residence or an EULT

Let us now consider another important scenario.

If the mother or father has in Poland:

permanent residence permit

or

a long-term EU resident permit (EULT)

may have been granted.

Provided certain conditions are met, the child may be granted directly:

A permanent residence permit

i.e. permanent residence may be possible.

According to the MOS, a foreign child under the custody of a parent;

if they were born after the parent was granted permanent residence or an EULT,

or was born during the parent’s previous temporary residence period as specified by law,

may be eligible for permanent residence.

Therefore, it is necessary to check the parent’s entire residence history before determining which residence status the child will be granted.

Example: If the mother holds an EULT

The mother has lived in Poland for many years and:

EULT – Long-Term EU Resident

.

The child was subsequently born in Poland.

If the child is under the parent’s custody, the option of a permanent residence permit for the child may be considered, provided the conditions are met.

In other words:

“The child was born; they must first obtain temporary residence.”

There is no general rule to this effect.

Depending on the parent’s status, the child may be eligible for permanent residence directly.

3. If the Mother or Father is a Polish Citizen

In this case, the matter should generally be assessed in terms of citizenship before the standard residence procedure for the foreign child is followed.

This is because, if at least one parent is a Polish citizen at the time of birth, the child generally acquires Polish citizenship by birth.

Therefore, for such a child:

“Let’s first obtain a residence card as a foreign national.”

may not be the correct approach.

First and foremost, the child’s Polish citizenship and the associated Polish documents must be arranged.

What Should Be Done First After a Child Is Born in Poland?

Several separate procedures following the birth must not be confused with one another.

Generally, the process involves:

1. Official registration of the birth

2. Determination of the child’s citizenship

3. Obtaining a passport or travel document from the child’s home country, if necessary

4. Arranging the child’s residence status in Poland

may be involved.

The fact that the child was born in Poland does not mean that these procedures are completed automatically.

Is a Birth Certificate Required for the Child?

Yes.

The document issued for a child born in Poland:

odpis aktu urodzenia

is one of the key documents required for residence procedures.

Among the documents required under the current procedure set out in Article 160(2) of the MOS is a copy of the child’s birth certificate, issued no more than three months prior to the application.

Documents proving the parent’s status are also required.

What Documents May Be Required for a Temporary Residence Application?

Whilst the details of the application may vary, the MOS’s current guidelines specify the following in particular for a child born in Poland:

• the child’s birth certificate,
• a copy of the parent’s relevant visa or temporary residence decision,
• health insurance,
• documents demonstrating a sufficient and regular source of income,
• documents proving the existence of accommodation in Poland

are required.

The Office for Foreigners also confirms that income, health insurance and a place of residence are key requirements in this procedure.

Will the Baby Be Making the Application?

Of course, the baby is not expected to carry out the procedure themselves.

The application on behalf of the child must be made by:

the mother, father or legal guardian

submit the application on the child’s behalf.

According to MOS, the application on behalf of a young child must be completed and signed by a parent or legal guardian.

As the MOS procedures in 2026 will include the option for electronic applications, it is necessary to check the current application method for the relevant procedure separately.

An Important Detail Regarding Applications via MOS

According to the current MOS guidelines, simply completing the form is not sufficient for the electronic application to be considered valid.

The application must be submitted with the required attachments, signed with a valid electronic signature, and:

Official Acknowledgement of Receipt

that is, an official acknowledgement of receipt must be obtained.

MOS explicitly states that the application is not considered to have been submitted unless this confirmation has been obtained.

We therefore strongly recommend that you download and keep a copy of the UPO.

What Happens If the Child Does Not Have a Passport?

Naturally, a newborn baby does not have a passport at the time of birth.

Consequently, in addition to the residence permit procedures, it may be necessary to follow the consular procedures of the country of which the child is a national.

For the children of Turkish citizens, for example, registering the child in the Turkish population register and issuing a Turkish travel document/passport is a separate consular process.

An important point to note here:

A Polish birth certificate is not the same as a passport.

The fact that a birth has been registered in Poland does not mean that the child is automatically entitled to a Polish passport.

“Does the baby have no residence status? Are they currently undocumented?”

Rather than panicking about this, it is important not to delay the procedures.

The MOS explains that, for the purposes of the permit under Article 160(2), it is not a requirement for the child to have a legal right of residence at the time of application.

However, the same source explicitly warns parents:

“Nie zwlekaj” — do not delay.

This is because, for this specific procedure to be applied, the parent must still hold the relevant visa or temporary residence status required by law on the date of the decision.

Therefore:

“The baby was born in Poland anyway, so we’ll sort it out whenever we like.”

is not the correct approach.

What Happens If the Parent’s Residence Card Application Is Still Pending?

This situation must also be assessed.

For example, at the time of the child’s birth, the mother’s or father’s previous residence card may have expired and the new residence application may not yet have been finalised.

As the procedure under Article 160(2) stipulates specific conditions regarding the parent’s national visa or granted temporary residence permit, only the following applies:

“My file is ‘in progress’ in INPOL”

does not automatically mean that the conditions of this procedure have been met.

The MOS also explicitly recommends considering alternative legal avenues, such as Article 187(6) or (7), if the conditions of Article 160(2) are not met.

Therefore, in this scenario, the case must be examined on an individual basis.

My child was born in Poland; will they automatically become a citizen in the future?

Again, no.

Being born in Poland does not mean that Polish citizenship will be acquired automatically upon reaching a certain age in the future.

However, the child’s future:

• residence status,
• their parents’ citizenship,
• one of the parents subsequently acquiring Polish citizenship,
• the child’s permanent residence status

may give rise to different pathways to citizenship.

For example, according to the Ministry of the Interior and Administration’s (MSWiA) current citizenship guide, for a child under the age of 18 living in Poland on the basis of pobyt stały, EULT or the right of permanent residence, and who has one parent who is a Polish citizen, the route of ‘recognition as a Polish citizen’ is provided for, subject to the necessary consent of the other parent.

What Happens to the Child’s Status if the Mother or Father Subsequently Becomes a Polish Citizen?

This is also very important.

The impact of a parent subsequently acquiring citizenship on the child must be assessed depending on which citizenship procedure is used and the child’s age.

For example, in the procedure for the granting of citizenship by the President, there are specific provisions regarding the acquisition of citizenship by young children alongside their parents.

According to the latest statement from the Ministry of the Interior and Administration (MSWiA), if citizenship is granted to both parents, children under the age of 18 may also acquire citizenship; however, if citizenship is granted to only one parent, additional conditions apply regarding the other parent’s custody or consent. Children aged between 16 and 18 must also give their own consent.

Consequently, when parents apply for citizenship, the children’s cases must be assessed separately.

When is permanent residence possible for a child born in Poland?

Let us clear up a very important misunderstanding here:

The fact that a child was born in Poland does not, in itself, confer the right to permanent residence.

However, depending on the parent’s status, permanent residence may be possible directly.

In particular, if the parent:

permanent residence

or

EULT

and the legal requirements regarding birth and status are met, the child may be eligible for permanent residence.

Furthermore, a foreign child under the guardianship of a Polish citizen is also included among the categories eligible for permanent residence.

Let’s summarise this with a simple table

Parent’s status

The child’s general situation

One of the parents is a Polish citizen

The child is, as a rule, a Polish citizen by birth

The child was born in Poland whilst a parent held a national visa or temporary residence permit

Depending on the circumstances, temporary residence may be possible for the child

The parent holds a permanent residence permit or an EULT

Depending on the circumstances, the child may be granted permanent residence directly

Both parents are foreign nationals

Birth in Poland does not in itself confer citizenship

The parent’s residence application has not yet been decided

The legal basis of the case must also be examined

This table is intended as a general summary. In particular, the parent’s residence status at the time of the child’s birth and prior to that may affect the outcome.

Common Mistakes

The most common misconceptions we encounter in these cases are as follows:

1. “The child was born in Poland, so they are automatically a Polish citizen.”
2. “I have a residence permit; the baby is automatically linked to my permit.”
3. Not realising that a separate residence application must be made for the child.
4. Opting for temporary residence without first checking whether the child is eligible for permanent residence, even though the parent holds an EULT or permanent residence permit.
5. Delaying the child’s passport procedures.
6. Holding up the child’s application even though the parent’s residence permit is due to expire very soon.
7. Mistaking the child’s Polish birth certificate for proof of Polish citizenship.
8. Treating a parent’s ongoing residence application as equivalent to a residence permit that has already been granted.

Don’t Wait Until After the Birth

It is perfectly natural for families to have a great deal to deal with in the first few weeks when a newborn arrives.

However, immigration procedures should not be delayed for months.

The Office for Foreigners’ own guide also clearly advises families:

“Don’t delay – complete the formalities immediately after the child is born!”

In other words: do not wait; complete the formalities as soon as possible after the child’s birth.

This is because the residence procedure that applies may be directly linked to the parent’s legal status at the time of the child’s birth.

Our Advice at Kalayci Consulting

If your child was born in Poland, our first question is:

“Where was the child born?”

but rather,

“What was the legal status of the mother and father in Poland on the day the child was born?”

.

Because this is what essentially determines the correct procedure.

The parent must:

holding a temporary residence permit,

holding a permanent residence permit,

hold an EULT,

being a Polish citizen

or having a residence application still pending may lead to different outcomes.

For this reason, in every case involving a newborn child, it is necessary to first check the parents’ residence status and the child’s date of birth.

In short:

Being born in Poland does not automatically confer Polish citizenship.

A parent’s residence permit does not automatically grant the baby residence status.

A Polish birth certificate does not equate to Polish citizenship.

A parent’s status is one of the most important factors determining which route to residence the child can take.

However, when the correct procedure is chosen, regulating the legal status of a child born in Poland is a fairly systematic process.

Kalayci Consulting – This content has been prepared for general information purposes. The child’s citizenship and the applicable residence procedure may vary depending on the parents’ citizenship, their residence status at the time of the child’s birth, previous residence decisions and the family’s circumstances.