Polish ID card or Passport in Poland for dual British/Polish

[boloney]

citizens. Nightmare. I was trying to get at first ID card for my kids ( they British/Polish citizens born in the UK to Polish parents). I was advised that I have to get them fixed address in Poland, they told that limited one for longer than 3 months should be enough. So I had to go to office with flat/house owner to register kids at his address. After that I was waiting for PESEL number (was adviced waiting time will be four weeks) it was ready after one week. Once we got that we when to office apply for ID card, people in the office did`t know what to do with our case, usually waiting time is up to 30 days. in our case we been adviced it will be at least 2 months, so we had no chance of getting ID cards before our departure date.
Than we decided to apply for passports, in the passport office we been told that because our kids don`t have unlimited fixed address in Poland we can only get 12 months passports, while other people get 5 years passports.
Is it fair on us, we been treated as second class citizens only because kids have dual nationality and don`t live in Poland.
is there anything we can do, can we complain to someone ?

[EUsmileWEallsmile]

Than we decided to apply for passports, in the passport office we been told that because our kids don`t have unlimited fixed address in Poland we can only get 12 months passports, while other people get 5 years passports.

Interestingly the directive 2004/38/EC is specific and states that passport cannot be issued to EU citizens for a period of less than five years (article 4).

[boloney]

Than we decided to apply for passports, in the passport office we been told that because our kids don`t have unlimited fixed address in Poland we can only get 12 months passports, while other people get 5 years passports.

Interestingly the directive 2004/38/EC is specific and states that passport cannot be issued to EU citizens for a period of less than five years (article 4).

is that in any case? Where can I complain about it?

[Directive/2004/38/EC]

Directive 2004/38/EC
Article 4 - Right of exit

3. Member States shall, acting in accordance with their laws, issue to their own nationals, and renew, an identity card or passport stating their nationality.

4. The passport shall be valid at least for all Member States and for countries through which the holder must pass when travelling between Member States. Where the law of a Member State does not provide for identity cards to be issued, the period of validity of any passport on being issued or renewed shall be not less than five years.

Good spot! I had not even noticed this. But note that underlined bit, which technically means that the 5 years clause does not apply to Poland.

Do you live in the UK? Were the kids born in the UK? Could you have applied for the Polish ID card for the child in the UK?

[boloney]

Directive 2004/38/EC
Article 4 - Right of exit

3. Member States shall, acting in accordance with their laws, issue to their own nationals, and renew, an identity card or passport stating their nationality.

4. The passport shall be valid at least for all Member States and for countries through which the holder must pass when travelling between Member States. Where the law of a Member State does not provide for identity cards to be issued, the period of validity of any passport on being issued or renewed shall be not less than five years.

Good spot! I had not even noticed this. But note that underlined bit, which technically means that the 5 years clause does not apply to Poland.

Do you live in the UK? Were the kids born in the UK? Could you have applied for the Polish ID card for the child in the UK?

we live in the UK, kids were born in the UK. The only way to apply for ID card is applying from Poland.

[Directive/2004/38/EC]

Why did you not apply for a polish passport from the UK?

[boloney]

Why did you not apply for a polish passport from the UK?

they have british passports so we not desperate to get polish ones. Well fee in poland is only small and we were able to go together to office. Both parents have to sign the forms. Do to it in london I will have to take day off work and that will cost me a lot more.

[boloney]

Why did you not apply for a polish passport from the UK?

we been told that because kids dont live in poland they can only do 12 months passport and we can get 5 years one in the UK. Be aware of this that by polish law polish citizen to enter/leave poland have to use polish passport/id card.

[Directive/2004/38/EC]

Be aware of this that by polish law polish citizen to enter/leave poland have to use polish passport/id card.

So how did your child enter Poland without a Polish passport? Do you have a reference for the law?

I do not believe there is any restriction on your child entering on a British passport. It would be illegal for them to restrict that, especially if it is another EU passport.

[boloney]

Be aware of this that by polish law polish citizen to enter/leave poland have to use polish passport/id card.

So how did your child enter Poland without a Polish passport? Do you have a reference for the law?

I do not believe there is any restriction on your child entering on a British passport. It would be illegal for them to restrict that, especially if it is another EU passport.

they enter/leave Poland using British Passports, but when I said to lady in passport office that I don`t want 12 months passports for kids she said that they can`t use British passports to leave Poland
if you look at this act Dz.U. 2012 nr 0 poz. 161 article 3 says that.
but I can`t find it in English

[boloney]

look at this links
http://www.voyage.gc.ca/countries_pays/ ... ?id=241000
http://en.wikipedia.org/wiki/Polish_nationality_law
http://travel.state.gov/travel/cis_pa_t ... quirements

[Directive/2004/38/EC]

boloney,
Are you still in Poland?

[boloney]

boloney,
Are you still in Poland?

no, why you asking?

[boloney]

boloney,
Are you still in Poland?

no, why you asking?

[Directive/2004/38/EC]

Did the child exit Poland on the Polish passport?

You have several grounds to complain to the European Commission. Please do so!

[boloney]

Did the child exit Poland on the Polish passport?

You have several grounds to complain to the European Commission. Please do so!

kids exit Poland on British passport. we did`t do Polish passport because 12 months are no good for us. there is no point doing 12 months passport because we may not travel again in that time.

[Directive/2004/38/EC]

If you applied for a passport in the UK, how long would it be good for?

I do not see how Poland can ever prevent your child from entering and leaving on the passport of another EU member state. I also believe that EU law requires that the passports be issued for a minimum of 5 years.

[boloney]

If you applied for a passport in the UK, how long would it be good for?

I do not see how Poland can ever prevent your child from entering and leaving on the passport of another EU member state. I also believe that EU law requires that the passports be issued for a minimum of 5 years.

Passport will be issued for 5 years.
used to be 12 months for kids under 5 years until august 2012, but they changed it.

[sierra]

as british citizen they can enter and exit any eu country .

[Directive/2004/38/EC]

as british citizen they can enter and exit any eu country .

I agree. I do not think there is any way Poland can legally prevent somebody from entering or exiting Poland using a passport of another EU member state.

[boloney]

as british citizen they can enter and exit any eu country .

I agree. I do not think there is any way Poland can legally prevent somebody from entering or exiting Poland using a passport of another EU member state.

you have to remember they also Polish citizens. What shall I do if they will try enter/exit poland on UK passports?

[Directive/2004/38/EC]

as british citizen they can enter and exit any eu country .

I agree. I do not think there is any way Poland can legally prevent somebody from entering or exiting Poland using a passport of another EU member state.

you have to remember they also Polish citizens. What shall I do if they will try enter/exit poland on UK passports?

I don't think I understand your question. Can you rephrase it a different way?

[boloney]

as british citizen they can enter and exit any eu country .

I agree. I do not think there is any way Poland can legally prevent somebody from entering or exiting Poland using a passport of another EU member state.

you have to remember they also Polish citizens. What shall I do if they will try enter/exit poland on UK passports?

I don't think I understand your question. Can you rephrase it a different way?

my kids are albo polish citizens. So according to polish law they are required to hold polish passports/id card if they like enter/leave poland. What should I do if polish border control officer will try stop us at the border while kids travel on UK passports. It did't happen yet but one day they may try to do it. They used to do it to polish/us citizens.

[Directive/2004/38/EC]

my kids are albo polish citizens. So according to polish law they are required to hold polish passports/id card if they like enter/leave poland. What should I do if polish border control officer will try stop us at the border while kids travel on UK passports. It did't happen yet but one day they may try to do it. They used to do it to polish/us citizens.

For US+Polish citizens, there is nothing that EU law has to say about them trying to enter using their US passport.

For if the person tries to enter on the basis of their European (e.g. UK) passport, then they must be allowed to enter (and leave).

Directive 2004/38/EC: Article 4 - Right of exit

1. Without prejudice to the provisions on travel documents applicable to national border controls, all Union citizens with a valid identity card or passport and their family members who are not nationals of a Member State and who hold a valid passport shall have the right to leave the territory of a Member State to travel to another Member State.

2. No exit visa or equivalent formality may be imposed on the persons to whom paragraph 1 applies.

3. Member States shall, acting in accordance with their laws, issue to their own nationals, and renew, an identity card or passport stating their nationality.

4. The passport shall be valid at least for all Member States and for countries through which the holder must pass when travelling between Member States. Where the law of a Member State does not provide for identity cards to be issued, the period of validity of any passport on being issued or renewed shall be not less than five years.

Directive 2004/38/EC: Article 5 -- Right of entry

1. Without prejudice to the provisions on travel documents applicable to national border controls, Member States shall grant Union citizens leave to enter their territory with a valid identity card or passport and shall grant family members who are not nationals of a Member State leave to enter their territory with a valid passport.
No entry visa or equivalent formality may be imposed on Union citizens.

There may be border guards who do not know the law, but this seems pretty clear to me. Note there is nothing which says that a member state can force it's citizens to enter only using that country's passport.

[sierra]

as i said before holding british passport as eu citizens they can enter and exit poland or any eu country its not going to be a problem .
but if they have a non eu passport than its different as uk is in eu they can enter and exit any european country including poland if you see british passport on cover it says eu, which means they can enter and exit .
as there is no entry or exit req for uk passport holders so why you think in your case they make exception?
uk is in eu