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child`s passport, Polish parents, urgent help please :)

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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boloney
Senior Member
Posts: 680
Joined: Sun Sep 19, 2010 10:40 am

child`s passport, Polish parents, urgent help please :)

Post by boloney » Mon Dec 06, 2010 7:18 pm

my mate send application for his child British passport, he never obtained Permanent Residence card, so to support application he send self assesments, tax calculations for 4 years in the UK, for last year he did`t do tax calculation yet so he send bank statements, basically evidence to show that he obtained his PR automatically after five years before child`s birth(child was born in the UK)under Article 25
today he received letter from IPS:
`Thank you for providing documents for the years prior to your child's
birth. Before we can proceed we need to see further evidence in the
form of either a letter from department of works and pensions or the
jobcentre plus to show that you have not been dependent on the
benefit system at any time within 5 years prior to arkadiusz's birth`
1.on the form EEA3 there is no question about the benefits, are they checking if person who apply for PR has been claiming benefits?
if not why IPS is asking about it?
he ask in jobcentre plus if they can give him a letter stating that he did`t claim any benefits, they refused.
So what can he do now?
2.is IPS right asking this sort of questions, or can he just write to them that on the form EEA3 is no questions about the benefits?
3.or the only way to do it is write to jobcentre plus or Department of Work and Pensions and obtain proof that he did`t claim benefits?

Thanks

ukpl
Member
Posts: 157
Joined: Mon Nov 29, 2010 4:06 am

Post by ukpl » Tue Dec 07, 2010 2:20 am

I can't answer your questions.
But I wonder why does your friend want British passport for his child?
I presume his child has not been registered as a Polish national (although he is as a child to Polish parents) and do not hold Polish passport.
And your friend wants travel for Xmas?
Speed of obtaining British passport is uncomparable to Polish ones, not mentioned the cost...
If so, he is doing it for wrong reason and it may cost him dearly.
Polish law doesn't recognise dual citizenships. All Polish citizens are treated by Polish law as Poles and only Poles.
Therefore, you can't exercise your other nationality rights on Polish soil.
In practice, it means, you cannot produce any other passport to Polish authorities than Polish one. So, Polish citizen cannot leave Poland using British passport (in theory) as British passport is not a valid travel document for Polish citizen being on Polish soil.
Polish border force officers shouldn't allow such situation and as you know minors can't travel alone hence it would be obvious breach of law if parents produce Polish passports and child British one.
It is by its technicality not a problem when you travel from UK to Poland by car or by bus as you cross Schengen border over English Channel (UK is not part of Schengen group) so you won't face Polish border force officers at all.
But when you travel by plane you crosss Schengen border at the airport and you (i.e. your friend's child) will have to produce Polish passport to enter/leave Poland.

OK, I know I haven't answered your question, but if I were you I'd tell your friend to get things right and obtain Polish documents to his child (birth certificate, passport, PESEL number) - it will only help him in the future.
Good Luck, whatever he'll decide.

boloney
Senior Member
Posts: 680
Joined: Sun Sep 19, 2010 10:40 am

Post by boloney » Tue Dec 07, 2010 8:28 pm

ukpl wrote:I can't answer your questions.
But I wonder why does your friend want British passport for his child?
I presume his child has not been registered as a Polish national (although he is as a child to Polish parents) and do not hold Polish passport.
And your friend wants travel for Xmas?
Speed of obtaining British passport is uncomparable to Polish ones, not mentioned the cost...
If so, he is doing it for wrong reason and it may cost him dearly.
Polish law doesn't recognise dual citizenships. All Polish citizens are treated by Polish law as Poles and only Poles.
Therefore, you can't exercise your other nationality rights on Polish soil.
In practice, it means, you cannot produce any other passport to Polish authorities than Polish one. So, Polish citizen cannot leave Poland using British passport (in theory) as British passport is not a valid travel document for Polish citizen being on Polish soil.
Polish border force officers shouldn't allow such situation and as you know minors can't travel alone hence it would be obvious breach of law if parents produce Polish passports and child British one.
It is by its technicality not a problem when you travel from UK to Poland by car or by bus as you cross Schengen border over English Channel (UK is not part of Schengen group) so you won't face Polish border force officers at all.
But when you travel by plane you crosss Schengen border at the airport and you (i.e. your friend's child) will have to produce Polish passport to enter/leave Poland.

OK, I know I haven't answered your question, but if I were you I'd tell your friend to get things right and obtain Polish documents to his child (birth certificate, passport, PESEL number) - it will only help him in the future.
Good Luck, whatever he'll decide.
i have no idea why he want his child to be British, but I can tell why I want my daughter to be British, she was born as a British citizen for few reasons :
1. we will stay in the UK
2.she don`t gonna have to do paperwork later
3.all British offices work quicker than Polish embassy
my daughter does`t hold Polish ID, she was never registered at Polish office(both parents Polish, so she is Polish as well) but i did contact Polish embassy, they told me that she will have no trouble traveling to Poland on her British passport.I know what you talking about, about the act from 1962 or something like this. So do you think they will stop us levaing Poland at the airport?good luck to them. if they let me in there is no way they will stop me leave the country.

anyway anybody knows how to resolve the problem with IPS?

regards

JAJ
Moderator
Posts: 3977
Joined: Sun Oct 23, 2005 9:29 pm
Australia

Post by JAJ » Thu Dec 30, 2010 2:19 am

boloney wrote: anyway anybody knows how to resolve the problem with IPS?

regards
Get a certificate of the child's British citizenship from the Home Office (form /guide NS, cost of 75)

boloney
Senior Member
Posts: 680
Joined: Sun Sep 19, 2010 10:40 am

Post by boloney » Thu Dec 30, 2010 1:27 pm

JAJ wrote:
boloney wrote: anyway anybody knows how to resolve the problem with IPS?

regards
Get a certificate of the child's British citizenship from the Home Office (form /guide NS, cost of 75)

Thanks, IPS asked him for bank statements and he got his child passport now.

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