Marriage to a foreigner in Poland and abroad - The most important information

Contents:

• Entering into a marriage with a foreigner
• Marriage to a foreigner in Poland – what documents should you collect?
• A document confirming the capacity to enter into marriage - when it cannot be obtained
• Marriage to an illegal immigrant
• Marriage to a foreigner abroad
• Marriage to a foreigner and Polish citizenship
• Summary

In today's globalized world, entering into a marriage with a foreigner is no longer unusual or surprising. It is estimated that in our country, there are 1,000 marriages concluded every year. There are approximately 10,000 mixed marriages. Poles are increasingly willing to enter into relationships with citizens of countries culturally close to us – Belarus and Ukraine, as well as Germany, Great Britain, and Italy. Unions with people from other continents are also not uncommon.

Where can you marry a foreigner? Most couples choose to get married in Poland or in the foreigner's country of origin. Marriage abroad with a foreigner can also take place in another region. In recent years, getting married on an exotic vacation has become fashionable. A wedding between a Pole and a German in Bali is therefore entirely possible – although it does involve additional formalities for both parties.

In order for a marriage with a foreigner in Poland to be registered at a Polish civil registry office, in addition to standard formalities – such as presenting an identity document and paying a stamp duty of PLN 84 – it is necessary to collect additional attachments:

• the foreigner's birth certificate is required, translated into Polish by a sworn translator or with the consul's stamp.
• A document confirming the legal capacity to enter into marriage under the law of the country of origin will also be required. This can be issued by a Polish consul operating in the country of origin of the future spouse.
• If the foreigner was previously married, documents confirming the previous marriage and its annulment or dissolution must be presented. These certificates must also be translated into Polish by a sworn translator.

It doesn't matter whether the marriage is to a foreigner from outside the EU or to an EU citizen. The same requirements apply to all. If one spouse is not fluent in Polish, an interpreter is required during the ceremony.

When it comes to the documents needed to marry a foreigner, the document certifying legal capacity to marry usually poses the greatest challenge. Obtaining one is sometimes impossible or very challenging. For example, Ukraine has not issued such certificates since 2011. This is also the case in countries such as:

Albania, Saudi Arabia, Argentina, Australia, Bangladesh, Bolivia, Croatia, Egypt, Ecuador, Estonia, Ethiopia, Ghana, Greece, Guyana, Guatemala, Spain, Honduras, India, Indonesia, Iraq, Iran, Israel, Cambodia, Cameroon, Canada, Colombia, Korea, North Korea, Kuwait, Lesotho, Lebanon, Libya, Lithuania, Macedonia, Mali, Malta, Morocco, Namibia, Pakistan, Panama, Peru, South Africa, Romania, Serbia, Singapore, Sri Lanka, United States of America (USA), Syria, Zambia, United Arab Emirates.

There are also other objective difficulties, which are fully understood by Polish courts. For example, Belarusian citizens are often afraid to return to their home country and visit diplomatic missions for political reasons. What should be done in such a case? In such a case, a final court decision should be sought, granting exemption from the obligation to submit a document certifying legal capacity to enter into a marriage. Important! The application should not be justified by the distance from the diplomatic mission or the high cost of obtaining the required document in one's home country – this is not a sufficient argument for a Polish court.

Marrying a foreigner abroad requires meeting the requirements of the country where the wedding will take place. Therefore, it's worth familiarizing yourself with the requirements in advance or consulting a lawyer. Registering a marriage to a foreigner abroad involves entering it into Polish civil status records so that a Polish marriage certificate can be obtained. An application is submitted to any civil status office by the person involved in the marriage or by someone demonstrating a legal interest. Registration can be accomplished by transferring the foreign marriage certificate to Polish registers, preparing a Polish certificate based on a foreign document, or reproducing the document's content if there is no formal entry in the registry of the country where the marriage took place.

The application must be accompanied by a document confirming the marriage and its official translation into Polish. Registration is not always mandatory, but it is necessary if a Polish citizen requires a Polish marriage certificate to conduct official business, obtain identity documents, or obtain a PESEL number. If the foreign document does not include information about the married name, a relevant declaration can be submitted with the application or later at the office.

Do people marrying a Polish citizen obtain Polish citizenship for foreigners? This is a common misconception. It's important to be clear: no, marriage alone doesn't automatically make a foreigner a member of Polish society. A marriage certificate can, however, make it easier to apply for Polish citizenship – but other requirements must be met. What are they? You'll learn more in our article: Polish Citizenship Through Marriage – What You Need to Know?