- Hello Wieslaw Firstly, the information on eligibility to claim compensation that I passed on actually came from the Polish Consulate in Washington DC.Message 1 of 3 , Oct 6, 2008View SourceHello Wieslaw
Firstly, the information on eligibility to claim compensation that I passed on actually came from the Polish Consulate in Washington DC.
Originally, they too claimed to Bozena that only current residents of Poland were eligible to claim compensation. In fact, this was indeed the situation prior to 2005, but this was deemed unconstitutional by the Polish Supreme Administrative Court (NSA), which, inter alia, in a ruling dated 20 March 2003, SA 3228/01, accepted that the heirs of the owner of property left outside the current borders of the Polish state do not have to live in Poland. This interpretation was also just confirmed to me by Mr Stanislaw Kolanowski (ul.Konstancinska 7a m 6 02-942 Warszawa), a Registered European Valuer of property specialising in "Zabuzanskie" (Kresy) claims under the 2005 Law.
Could you pass me a copy of the contrary information that you have received? It is not consistent with the text of the law, and therefore potentially subject to challenge and appeal to the Ministry of the State Treasury.
Secondly, the information in message 27545 was not sourced from the Polish Consulate in Washington DC. In fact the statement was mine, based on the following:
- Polish Consulates do not decide on Citizenship confirmation, but accept applications and pass them on to the appropriate Voivodes for decisions;
- Polish Consulates are specified in the 2005 law as places where statements designating heirs can be lodged (see Article 3.2);
- Article 5.1.4 recognises that applications may be made by persons who have no current place of residence nor any last place of residence within the actual borders of Poland .
However, I do concede that whatever the actual legal situation, it is possible that Voivode staff are not applying the 2005 laws correctly, and that Consulate staff are not acting to assist Polish Citizens by passing on compensation applications. What we do about this is another matter.
I look forward to seeing the copies of your information so that we can assist each other in these matters.
Sent: Monday, October 06, 2008 9:28 PM
Subject: [Kresy-Siberia] Property Compo. - Polish Citizenship - Residence Requirement [Response 2 Stefan]
Responding to your last post Stefan.
I note the date of the email advice you shared with us from Polish
Consul Washington D.C. reguarding Property Compensation Applications
and Polish Residence Qualifications is dated 14 September 2007.
Advice I have directly from Wojewoda Mazowiecki in Poland is dated
beginning September 2008.
Is this Consul the same person who advised you in February of this
year [post #27545] that Applications for Property Compensation were
to be sent to Polish Consulates? As you know, my family followed
your advice which turned out to be incorrect.
Bozena [Florida, USA] and I [she indicates others too] have received
more recent advice which contradicts that which you have dated
Conflicting and ambiguous information is something we need to
eliminate; that was partly what prompted my most recent post
Anybody else out there who has similar experiences, please let us
Wieslaw George Helon: Toowoomba, Australia
[Helon/Zielinski/Mulka and Misiura/Rzadiniec Families]
[Non-text portions of this message have been removed]
- Dear Stefan, sorry for interrupting your discussion conc. compensation claims. Maybe your lawyer will say I m wrong, but through my direct contacts withMessage 2 of 3 , Oct 6, 2008View SourceDear Stefan,
sorry for interrupting your discussion conc. compensation claims. Maybe
your lawyer will say I'm wrong, but through my direct contacts with
Mazovian Office I can see that your present place of residence abroad
is not a problem in compensation case.
The problem, as I understood them, is that land owner or his/her
inheritors can get compensation for the lost land only if the owner
ever came back to Poland after the war and lived here. He could after
few months (?) probably leave Poland and from that time reside abroad,
however he had to come back to Poland and he should have a proof for
that (repatriation documents). Please ask your lawyer to clear me, if
Mentioned above case is impossible to be fulfilled by all Poles, which
parents or grandparents were afraid or not able to come back to Poland
after WWII and stayed abroad. Even they never lost Polish citizenship
(which could happen when they obtain another citizenships) and possess
Polish passport, as never came back, they cannot apply for compensation.
This is a standpoint of Mazovian Office clerks in the department for
compensation claims. I heard it only, don't have it in writing. It
would be great to ask any MP or Senator for they help in obtaining full
legal advise from Ministry of Treasury conc. this matter (if we will
send such letter, will be waiting long; when MP or Senator does it,
ministries are obliged by the law to answer them in one month or even
And mentioned above matter + difficulties with archival documents +
problems in quick getting a confirmation of Polish citizenship, make
whole process very much complicated for people from abroad especially.
Inheritors of Anders Army especially.
Conc. citizenship I found most difficult to :
1. provide Mazovian Office with birth certificate (many documentation
was lost or damaged through the war or is now in ie Belarusian or
Ukrainian archives difficult to access and obtain documents)
2. provide them with copies of the original documents (ie parents
Polish documents, naturalisation acts in case of US citizens etc)
either you would notarially confirmed copies by Polish consul (long
distances, queues) or via apostille clause confirmed by your local
authorities abroad. Of course it refers to situation that you don't
want to send any originals to them.
3. and at the end you need to get sworn translation into Polish of all
documents which are foreign. Receiving such translation in Poland is
quite easy (as Polish-English sworn translators are easily accessible,
but quite expensive - 30-40 PLN per page of translation), but I guess
finding Polish English sworn translator will not be that easy abroad.
So in my opinion immediately we need to get a support from any party,
organisation etc. to force Polish Parliament :
1. to prolong time of placing the possible compensation claims till end
2. to let Poles living abroad, which never came back to Poland to be
able to apply for such compensation.
3. getting a support from Polish government, Senate etc. to help people
to place such applications (priority for Polish archives to make any
application for compensation documents research a priority, as it is
now when court is asking archives for any documents etc.).
I hope it helps.
PS George, I will do my best to make a translation into Polish of your
statement in coming days.