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Entering UK with dual nationality

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roloclark
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Joined: Sat Oct 24, 2015 3:23 am

Entering UK with dual nationality

Post by roloclark » Sat Oct 24, 2015 2:12 pm

My 4 year old daughter has Romanian citizenship (so she is an EEA national), but she travels on an Australian passport. We are moving to the UK to work and live. If she wants to remain in the UK and to exercise her treaty rights (to education, health insurance, etc) as an EEA national, does she need to enter the UK with Romanian documents? Should we try and get her a Romanian passport?

Thanks!

Wanderer
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Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: Entering UK with dual nationality

Post by Wanderer » Sat Oct 24, 2015 3:13 pm

roloclark wrote:My 4 year old daughter has Romanian citizenship (so she is an EEA national), but she travels on an Australian passport. We are moving to the UK to work and live. If she wants to remain in the UK and to exercise her treaty rights (to education, health insurance, etc) as an EEA national, does she need to enter the UK with Romanian documents? Should we try and get her a Romanian passport?

Thanks!
Yes and yes. If she enters on an Australian passport she'll only get 6 months LTE, though I think under EEA rules you can apply for her Romanian Passport and switch in country but check that.
An chéad stad eile Stáisiún Uí Chonghaile....

secret.simon
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Joined: Thu Feb 21, 2013 9:29 pm

Re: Entering UK with dual nationality

Post by secret.simon » Sat Oct 24, 2015 10:43 pm

My understanding is that as a dual Romanian/Australian citizen, she can use either of her passports to enter. Her right to freedom of movement would trump any immigration stamp in her Australian passport.

But, it would be far better for her to enter on her Romanian passport or national identity card (if there is one).

Of course, as an EEA and Commonwealth citizen, she would exercise both sets of rights when she is older.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: Entering UK with dual nationality

Post by Wanderer » Sat Oct 24, 2015 11:09 pm

secret.simon wrote:My understanding is that as a dual Romanian/Australian citizen, she can use either of her passports to enter. Her right to freedom of movement would trump any immigration stamp in her Australian passport.

But, it would be far better for her to enter on her Romanian passport or national identity card (if there is one).

Of course, as an EEA and Commonwealth citizen, she would exercise both sets of rights when she is older.
But the OP said she doesn't have a RO passport yet....
An chéad stad eile Stáisiún Uí Chonghaile....

secret.simon
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Joined: Thu Feb 21, 2013 9:29 pm

Re: Entering UK with dual nationality

Post by secret.simon » Sat Oct 24, 2015 11:48 pm

Wanderer wrote:But the OP said she doesn't have a RO passport yet....
Sorry, I missed that.
roloclark wrote:Should we try and get her a Romanian passport?
Yes, in order for her to get the benefits of being a Romanian/EEA citizen, she will need documentary roof of such citizenship in the form of either a Romanian passport or a Romanian identity card.

If she is an EEA citizen with no documented proof of being such, she will not be treated as one and would not be able to exercise any rights that accrue to such a person. She will be treated as a solely Australian citizen with specified leave to remain as stamped at entry.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

roloclark
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Joined: Sat Oct 24, 2015 3:23 am

Re: Entering UK with dual nationality

Post by roloclark » Mon Oct 26, 2015 4:55 pm

Thank you!!!

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