A child born in Cyprus. What is their citizenship and what formalities need to be completed?

A child of Polish parents is born in Larnaca, Limassol, Paphos, or Nicosia. Does this automatically make them a Cypriot citizen? Do they also need to be registered in Poland? When do Polish birth certificates, PESEL numbers, and first passports appear?

The most important answer is simple: Mere birth in Cyprus does not automatically result in the acquisition of Cypriot citizenship by a child of foreign parents. However, if at least one parent is a Polish citizen, the child acquires Polish citizenship by operation of law at the moment of birth, regardless of whether it was born abroad.

A child born in Cyprus does not automatically become a Cypriot

This is one of the most common myths related to giving birth to a child abroad.

Cyprus does not apply the principle that every child born on its territory automatically receives local citizenship.

Cypriot law stipulates that a person born on the island after August 16, 1960, is a citizen of the Republic if, at the time of birth, at least one parent was a Cypriot citizen. The law provides for specific exceptions, including cases of illegal entry or residence of a parent.

So if the mother and father are Polish and neither of them has Cypriot citizenship, the fact that the child was born in a hospital in Paphos, Limassol or Larnaca, does not automatically give him Cypriot citizenship or the right to a Cypriot passport.

The place of birth will, of course, be recorded in the child's documents. However, citizenship is a completely different matter.

If one of the parents is Polish, the child is Polish

In the case of Polish law, the situation is very clear.

Article 14 of the Act on Polish Citizenship provides that a minor acquires Polish citizenship by birth if at least one of his or her parents is a Polish citizen.

Therefore, there is no need to apply for citizenship for a child just because he or she was born in Cyprus.

If at least one parent was a Polish citizen at the time of the child's birth, his or her Polish citizenship results directly from the law.

This is an important distinction: a child doesn't become Polish only after visiting a consulate. They are Polish citizens from the moment of birth.

First, you must register your birth in Cyprus.

Every child born in the Republic of Cyprus must be registered in the Cypriot birth register.

According to current rules, birth should be registered within 15 days. Formalities can be completed at the District Administration Office.

In a hospital or clinic, birth documentation is completed and signed by a doctor or midwife. Copies remain at the facility, are forwarded to the administration, and are then distributed to parents.

However, simply having the hospital prepare the documentation doesn't mean that parents don't have to do anything. The birth must be formally registered. Only after the entry in the registry can they receive Cypriot birth certificate.

What documents will be needed?

The Cypriot Ministry of Interior mentions in particular:

• medical confirmation of birth;
• parents' identity cards or passports;
• marriage certificate of parents, if they are married;
• residence documents of foreign parents;
• in the case of a child born out of wedlock – documents or declarations required to acknowledge paternity.

The office may ask for additional documents if this is necessary to correctly enter the data of the child and his or her parents.

A fee of 5 euro.

Registration after 15 days incurs an additional fee of €30. If three months have passed, the fee is €60, and parents must provide additional documentation, including a required declaration.

Therefore, it is not worth postponing registration until later.

A Cypriot birth certificate is not a Polish birth certificate

Once the child is registered, the parents receive a document issued by the Cypriot authorities. The birth is then properly recorded for the Republic of Cyprus.

However, the child is not yet in the Polish civil registry.

To obtain a Polish birth certificate, you must: transcription of a Cypriot birth certificateIn practice, this means transferring the content of the foreign document to the Polish civil registry.

The application can be submitted to the Polish Consulate in Nicosia. Transcriptions can also be performed by any registry office in Poland, either directly or through an appointed representative.

How much does transcription cost at the Polish Consulate?

The current consular fee for accepting and processing an application for transcription of a birth certificate is: 60 euro.

The application must be accompanied by, among other things:

• completed application;
• original Cypriot birth certificate containing the parents' details;
• official translation of the document into Polish required;
• additional marital status records of the parents, if necessary to complete the data.

The Consulate notes that the lack of appropriate documentation from one parent may result in the Polish birth certificate not containing all the required information. This, in turn, may hinder the issuance of a PESEL number or passport.

Is transcription mandatory?

Citizenship and entry in the civil register are two different matters.

A child may be a Polish citizen from the moment of birth, but his or her birth is initially documented only by a Cypriot certificate.

Transcription creates a Polish birth certificate. In the case of a child born abroad and not registered in Poland, it is necessary to assign a PESEL number during the passport application process.

In practice, parents planning to obtain their child's first Polish passport should first have the foreign certificate entered into the Polish register.

The Polish act does not yet mean an automatic PESEL number

The transcription of a Cypriot birth certificate alone does not automatically assign a PESEL number to a child born abroad if he or she is not registered in Poland.

The Polish Consulate in Nicosia explains that in such a situation, a Polish birth certificate is first prepared and then the consul applies for the child to be assigned a PESEL number when accepting the first passport application.

Therefore, there is no need to organize a separate visit solely for the purpose of submitting a standard PESEL application before the passport visit.

We will devote a separate guide to the detailed sequence, required documents and unusual situations.

Be careful with Polish characters in your name and surname

It's a small thing that can cause a lot of problems later.

A Cypriot birth certificate may contain data recorded without Polish diacritics. During transcription, you can request that the spelling be adjusted to Polish language rules or that the data be corrected based on the parents' Polish civil status records.

It is worth paying attention to this before submitting applications for further documents.

If the name or surname is written differently in the Cypriot deed, the Polish register and the passport, this may later cause additional questions when dealing with official matters.

What if one of the parents is Cypriot?

Then the situation is different.

Cypriot law links a child's citizenship primarily to the citizenship of their parents, not solely to their place of birth. If, at the time of birth, one parent is a citizen of the Republic of Cyprus, a child born on the island generally acquires Cypriot citizenship based on descent, subject to specific exceptions provided for by law.

If the other parent is Polish, the child may simultaneously acquire Polish citizenship.

He or she can therefore hold dual citizenship from birth. However, his or her birth must still be registered and the appropriate documents obtained in both countries.

What about the baby's Yellow Slip?

A Polish child is a European Union citizen. If they are to live in the Republic of Cyprus for longer than three months, their stay must also be regulated.

For EU citizens and family members who are EU citizens, the relevant procedure is MEU1, commonly referred to as Yellow Slip.

A newborn is not automatically added to the parent's document. A Cypriot birth certificate also does not replace the child's residence permit.

Since the standard information from the office describes the registration deadline primarily in relation to the arrival of an EU citizen in Cyprus, it is best to confirm the method of calculating the deadline in the case of a child born on the island with the relevant Migration Department unit.

The simplest order for Polish parents

It is best to complete individual formalities in the correct order.

At each stage, a different document is created that fulfills a different function.

A Cypriot birth certificate confirms where and when a child was born.

Polish citizenship results from the citizenship of at least one parent.

A Polish birth certificate is created after transcription.

The PESEL number is assigned in a separate procedure related in this case to the first passport application.

The Yellow Slip confirms the registration of the child's residence as an EU citizen in the Republic of Cyprus.

A child born in Cyprus can therefore be Polish from the first second of life, although for the first few weeks he or she does not yet have a Polish birth certificate, PESEL number or Polish passport.

And this is the most important thing to remember.

Sources: Ministry of Interior of the Republic of Cyprus, Civil Registry Law 141(I)/2002, Migration Department of the Republic of Cyprus, Polish Citizenship Act, Consulate of the Republic of Poland in Nicosia.