Expert: Maria Mirek - 6/30/2008

Question
I have a polish colleague at work and he has received a letter saying that, within 6 weeks, he has to return to Poland to do 9 months national service.

He still holds a polish passport but has had UK residency for over 4 years.  He is in full time employment with a large company in the UK.  Would he have to return to do national service or are there loop holes to avoid this through employment or education.  

He has family in Poland and wouldn't want to jeopardize his return in the future, whether it is permanent or temporary but would rather stay in employment in the UK than do national service.  

Answer
Hello,

Thank you for your question. Issues regarding obligations of national service in Poland are very strict. This means that, this is very important that your friend will react properly and not just ignore this obligation. There may be even criminal penalties impose on him for not taking proper actions. Under polish Act regarding military service, polish citizens who reside permanently outside of Poland may be excluded from the obligation to the national army. It is however, necessary to officially apply for this and prove the fact that permanent residency is outside of Poland. Your friend, may apply in the Consulate of Poland in UK, however, due to long procedures in the Consulates, I would recommend to do it directly in Poland with "Wojskowa Komenda Uzupelnien".

Should your friend require legal assistance in this matter, he may contact me at mmirek@mwc-legal or 22 4099 553 (I speak polish).

Regards,

Maria Mirek