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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi, A Romanian citizen has travelled here to help her daughter

Resolved Question:

Hi, A Romanian citizen has travelled here to help her daughter with her children (daughter married to uk man and full rights to be here) she arrived in November 2010 and didnt realise the old system of 6 month had been changed to 3 months for tourist visa which she is here on.
She wants to make sure no problems arise in future with travel here to see family,
what should she do now please?
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.

Hi,

 

Why do you think she is on a 3 month visa?

 

Tom

Customer: replied 3 years ago.

she said she was, i thk she did not intend to stay so long originally

 

ps what do i need to travel to romania apart from full UK passport?

Expert:  Thomas replied 3 years ago.

Hi,

 

Thanks for your question.

 

Romania is an EEA member state. This means that citizens of Romania holding Romanian passports therefore have free movement within the European Economic Area, this includes the UK:-

http://www.ukvisas.gov.uk/en/ukvqr;jsessionid=56C0FA25623E0FD9F9023B973C5D1C3B.tomcat12?redirect=true&promoId=22829598&reason=Visit&nationality=Romania&location=Romania

 

This means that if she is Romanian then she would not have had to have applied for a visa in order to travel here. She can just come here without restriction. She would only be denied entry if the official thought she was coming to commit a crime of some sort.

 

A ‘short' visit is defined as being less than 90 days, but the practical reality is that even if they note the extended stay leaving the UK she will simply be able to explain that it was an honest mistake on her part. It has to be something VERY serious for the UKBA to attempt to revoke someone's treaty rights and, quite frankly, they have more important things to do

 

This will remain the case in the future. She will not receive a ban when she leaves the UK because of her above mentioned treaty rights to free movement.

 

The situation applies to you travelling to Romania, they are an EEA member state and you can exercise your treaty right of free movement to travel there without applying for a visa. It's the point of having a European community really. If you are planning on visiting Romania for greater than 90 days in any one visit then you should contact the Romanian embassy to see if there is some kind of administrative procedure to go through, but it will be purely administrative - nothing like applying for a visa

 

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

 

I will answer your follow up questions you may have.


Kind regards,


Tom

Customer: replied 3 years ago.

hi

thank you, XXXXX XXXXX with your answer, just quick follow up question if i may (i will click accept answer) so for this lady who is here now and has been here since November 2010, should she do anything now or just wait till she leaves (probably need 1 month more) and tell them at airport was a genuine mistake ?

Expert:  Thomas replied 3 years ago.

I would wait until she goes to the airport. I doubt they will say anything, but if they do she should just feign surprise, apologise, claim she didn't know and say it was an honest mistake.

 

Please click accept.

 

Kind regards,


Tom

Thomas, Solicitor
Satisfied Customers: 6387
Experience: BA (Hons), PgDip, Practising Solicitor
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