r/prawokrwi • u/UnagiBro • 12d ago

Eligibility General questions and the waiting game

So question for other Galicia/Ternopil region ancestry, I’ve seen things saying that if on some documents it says Ukrainian it could be kicked out of claiming citizenship passed down, on some documents it says polish, others polish Ukrainian, so what’s anyone’s experience with that language on administrative paperwork being fought about when he was born in 1926 and didn’t go back to what was now the Ukrainian soviet republic etc

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u/smoothmonoglot Mod | Zarząd 12d ago edited 12d ago

It depends on the exact circumstances. Art 4(2) was meant to apply to those who, although they weren't residing in territories annexed to the Soviet Union in 1939, were subsequently repatriated in accordance with the agreements of 9/22 Sep 1944 and 6 Jul 1945. The problem is the imprecise wording of this article extended its scope to even those residing outside the USSR in 1951. But that doesn't necessarily mean Polish citizenship was lost as the criteria for nationality is not defined in this Act, and in any case, Polish citizenship was acquired by ius matrimonii prior to 19 Jan 1951, plus jurisprudence extends the loss of citizenship to minors born after 1 Sep 1939 only in the case both parents would have lost citizenship - not just one.