Pre-1920 foreign birth vs. 1931 minor legitimation (Art 6, 1920 Act). Any precedents?

Hi everyone,

Looking for expert insights on a very specific loophole under the 1920 Polish Citizenship Act:

  1. The Ancestor: My great-great-grandfather was born in 1894 in Congress Poland (Białaszewo). He migrated to Brazil and never naturalized, making him a Polish citizen ex lege in 1920 under Article 2, Paragraph 1(a).
  2. The Issue: My great-grandfather was born in Brazil in 1916 out of wedlock (thus holding Brazilian jus soli citizenship).
  3. The Twist: In 1931, the Polish father legally recognized him and married the mother. At this time, my great-grandfather was 15 years old (a minor under 18).

We want to invoke Article 6 of the 1920 Act, which states that an illegitimate child under 18 acquires the father's citizenship through subsequent marriage/recognition.

Does the 1931 minor legitimation (Art 6) successfully cure the 1916 pre-1920 foreign birth restriction? Has anyone seen the Urząd Wojewódzki or the NSA approve a chain based on this exact scenario?

Template:

Great-Grandparents:

  • Date married: 1937
  • Date divorced: N/A

GGM:

  • Date, place of birth: Born in Brazil in 1921
  • Ethnicity and religion: Polish descent
  • Occupation: N*/A*
  • Allegiance and dates of military service: N/A
  • Date, destination for emigration: N/A
  • Date naturalized: Brazilian citizen by birth (jus soli)
  • Date, place of death: Brazil, 1975

GGF:

  • Date, place of birth: 1916, Brazil
  • Ethnicity and religion: Polish descent
  • Occupation: N*/A*
  • Allegiance and dates of military service: N*/A*
  • Date, destination for emigration: N/A
  • Date naturalized: Born Brazilian (jus soli). Recognized by his Polish father (Feliks Mikulski, b. 1894 in Poland) in 1930 through marriage while a minor (14 years old).
  • Date, place of death: Brazil.

Grandparent:

  • Sex: Female
  • Date, place of birth: Brazil, 1945
  • Date married: N*/A*
  • Citizenship of spouse: Brazilian
  • Date divorced: N*/A*
  • Occupation: Teacher
  • Allegiance and dates of military service: N/A
  • Date, destination for emigration: N/A
  • Date naturalized: N/A
  • Date, place of death: N*/A*

Parent:

  • Sex: Female
  • Date, place of birth: 1966, Brazil
  • Date married: N/A
  • Date divorced: N/A

You:

  • Date, place of birth: 1999, Brazil
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u/Existing-Citron-3536 — 4 days ago

Born out of wedlock in the 1920s, recognized before turning 18. Will Poland accept my great-grandfather's citizenship?

Hi everyone,

I am preparing a Polish Citizenship Confirmation (Potwierdzenie posiadania lub utraty obywatelstwa polskiego) case for my family based on the 1920 Polish Citizenship Act.

We've compiled a comprehensive legal analysis based on historical documents. And I would love to get your feedback on whether this line of reasoning is solid or if the Urząd Wojewódzki might throw a wrench in it.

Here is the timeline and the legal backbone of the case:

1. The Ancestors (Wojciech and Feliks Mikuski)

  • Origin: Born in the former Kingdom of Poland (Królestwo Polskie / Congress Poland), specifically the Łomża/Białystok region.
  • 1920 Status: Feliks emigrated to Brazil before 1920 but never naturalized (we have the Brazilian Negative Certificate of Naturalization - CNN).
  • Legal Basis: Under Article 2, Paragraph 1(a) of the 1920 Act, he acquired Polish citizenship ex lege because he retained his permanent residency rights (księgi ludności) in the former Kingdom of Poland and did not hold any other foreign citizenship at the time.

2. The Core Issue & The Turning Point (Adão Mikuski)

  • The Problem: Adão was born in Brazil in 1916 out of wedlock to Feliks and a mother who was born in Brazil to Polish parents. Under the strict interpretation of the 1920 Act (Article 5), an illegitimate child initially acquired the mother's citizenship, not the Polish father's.
  • The Resolution: In 1931, when Adão was still a minor (around late childhood/early teens, well under the age of 18), Feliks officially recognized his paternity and married Adão's mother in Brazil.
  • The Legal Argument: We are invoking Article 6 of the 1920 Act, which explicitly states that a child under 18 acquires the father's citizenship through formal recognition or subsequent marriage (legitimation ex post facto). The 1931 Brazilian birth certificate reflects this late registration/paternity acknowledgement.

3. The Dual Citizenship Conflict

  • Since Adão was born in Brazil (jus soli), he was a Brazilian citizen from birth. Article 1 of the 1920 Act states that a Polish citizen cannot be a citizen of another state.
  • Our Counter-argument: We are citing Ministry of Interior Circular No. 18 (July 9, 1925). Although originally addressing US-born children, it established the official administrative interpretation that automatic, involuntary acquisition of foreign citizenship by birth (jus soli) did not cause the loss or prevent the acquisition of Polish citizenship, especially for minors.

Potential Red Flags we are anticipating:

  1. Late birth registration (1931): The civil birth certificate was only drawn in 1931 (the year of the marriage/recognition). We plan to submit church baptism records if needed to prove identity continuity.
  2. The "Illegitimacy" stigma: Hoping the Voivodeship office strictly applies Article 6 regarding minor recognition.

Does anyone have experience with out-of-wedlock births recognized during minority under the 1920 Act? Do you see any gaps in this administrative/legal strategy?

Thanks in advance!

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u/Existing-Citron-3536 — 4 days ago
▲ 1 r/AskHR+2 crossposts

Is it rude to call HR during a hiring process?

I’m currently interviewing for a role and HR told me they needed to hire someone ASAP. After my last interview, they asked for a document (didn't get a offer), which I sent right away.

It’s now been about two weeks since then. I sent a polite follow-up a week ago, but I haven’t received a response.

At this point, would it be considered rude or too pushy to call HR to ask if there are any updates? Or should I just keep waiting?

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u/Existing-Citron-3536 — 6 days ago

Requesting prayers for employment and hope

I am reaching out because I’m in a really dark place right now. I have been trying to find a job for months, and the lack of results is making me feel entirely hopeless. It is hard to wake up and keep trying when every door seems closed.

Please pray that God/the universe opens a path for a stable job that meets my needs. Please also pray for my mental health, that I can regain my confidence and peace during this stressful time. I appreciate every single prayer.

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u/Existing-Citron-3536 — 7 days ago