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Grandfather Polish

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mashkiach
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Grandfather Polish

Post by mashkiach » Fri Nov 29, 2013 2:39 pm

I am trying to find the relevant regulations concerning a European by decent coming to Europe as a student and the chances of being refused entry. He is in the process of asserting his existing polish citizenship but wants to study in Europe during the whole process. I seem to recollect that a European may not be turned away before they have enough time to prove their EU citizenship. Can anybody direct me to the relevant guide/regulation

Wanderer
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Ireland

Re: Grandfather Polish

Post by Wanderer » Fri Nov 29, 2013 2:45 pm

mashkiach wrote:I am trying to find the relevant regulations concerning a European by decent coming to Europe as a student and the chances of being refused entry. He is in the process of asserting his existing polish citizenship but wants to study in Europe during the whole process. I seem to recollect that a European may not be turned away before they have enough time to prove their EU citizenship. Can anybody direct me to the relevant guide/regulation
He'd (she'd?) need to enter EU on a valid visa or permit, can't just wander in and say "I might be Polish, not sure, can't prove it yet but let me in anyway and I really promise not to abscond or disappear, honestly and I'll get back to you"

Really....
An chéad stad eile Stáisiún Uí Chonghaile....

mashkiach
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Post by mashkiach » Sat Nov 30, 2013 7:15 pm

It is not a question of might be polish. All documents and regulations show so. It is only the red tape until one can get a passport. This may take up to 9 months. I don’t even think that this person needs a passport. But due to the complicated Polish regulations this may well help.
Whatever the case I still seem to remember that an European may not be turned away before given a proper chance of proving their citizenship.

Jambo
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Post by Jambo » Sun Dec 01, 2013 9:35 am

This is all true but how would he prove he is European without a pasport or ID card? Pulling out the birth certificate of the grandfather at the border would not really help him. Does he has a document that states his nationaliy?

Also depending where he plans to study, a European citizenship is sometimes not enough to pay local fees. Residency in the EU for 3 years is needed (in the UK at least). Is he aware of that?
Check the FAQ before posting!
Citizenship (adults, children, passport)
EEA (EEA FP, RC, PR, Surinder Singh)

mashkiach
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Post by mashkiach » Mon Dec 02, 2013 12:35 am

He is not asking from the government for any payments or fees all he wants that he does not get kicked out of the UK during the self financed study.
If he can show a map and progress for eventual obtaining a polish passport in theory this should do but I can not recommend how to do so in practice.

Jambo
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Post by Jambo » Mon Dec 02, 2013 9:47 am

The UK is not interested in the progress of his application. Either he can prove his nationality by providing a passport/ID card or he can't. He could get a student visa to enter and once his passport comes, base his stay on that instead of the visa.
Check the FAQ before posting!
Citizenship (adults, children, passport)
EEA (EEA FP, RC, PR, Surinder Singh)

Wanderer
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Ireland

Post by Wanderer » Mon Dec 02, 2013 12:46 pm

mashkiach wrote:It is not a question of might be polish. All documents and regulations show so. It is only the red tape until one can get a passport. This may take up to 9 months. I don’t even think that this person needs a passport. But due to the complicated Polish regulations this may well help.
Whatever the case I still seem to remember that an European may not be turned away before given a proper chance of proving their citizenship.
How can you be sure? The Poles might ask for this, ask for that, dispute this, dispute that, notarise that, notarise that. Indeed, there was a period early 20th century when Poland did not even exist...

Everyone needs a passport to enter EU, what you think doesn't matter. Your last paragraph is wishful thing at best, and in any case, this so-called Pole wouldn't even be allowed on a plane without a correct passport/visa, they airlines get fined you know, I can just imagine how sympathetic they'd be to letting a potential illegal immigrant on the plane. $$$$$$$
An chéad stad eile Stáisiún Uí Chonghaile....

mashkiach
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Post by mashkiach » Wed Dec 11, 2013 11:33 am

And if the U.K. turns away a European who later has the full proof can a claim be made against the U.K.?
With the Polish it is not a case of attaining a new or even reclaiming an old citizenship it is only a question of proving an existing one. The polish do not allow renouncing citizenship before military draft or exemption. A child (his or even hers depending on date) is automatically a Pole and so his/her children.
Student visas are not that straight forward in this case as the collage is a specialised one and the government has ceased to treat it as one.

PaperPusher
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Post by PaperPusher » Wed Dec 11, 2013 12:58 pm

mashkiach wrote:And if the U.K. turns away a European who later has the full proof can a claim be made against the U.K.?
With the Polish it is not a case of attaining a new or even reclaiming an old citizenship it is only a question of proving an existing one. The polish do not allow renouncing citizenship before military draft or exemption. A child (his or even hers depending on date) is automatically a Pole and so his/her children.
Student visas are not that straight forward in this case as the collage is a specialised one and the government has ceased to treat it as one.
So if Poland does allow renunciation, just having a Polish grandfather wouldn't be sufficient evidence of Polish nationality.

Think of it this way. Which country is best placed to determine if someone is Polish? That would be Poland not the UK. If Poland won't issue you a passport without a nine month investigation and application process, then proving you are Polish to the UK won't be straight forward either.

If you are Polish just go and get a Polish passport. If it takes nine months for Poland to check out someone's Polish nationality, I think it is expecting a bit much to expect the UK to do so at the border without access to Polish records, nor knowledge of Polish citizenship laws.

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