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cityguru
cityguru, Solicitor
Category: Immigration Law
Satisfied Customers: 13323
Experience:  Approved Immigration Expert.
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HiIm an non EU citizen with a permanent uk residenceI

Customer Question

Hi
I'm an non EU citizen with a permanent uk residence
I want to travel in Romania and went to ask for a visa but at the consulate I was told that I do not need a visa to travel to Romania
Same time they have mentioned that I might not be allowed to board on the plane by some airlines and in particularly with wizz air
I already had booked flights with them,and have contacted the Wizz airline they said that I can't board with out a visa
Now I've stacked in the middle and can't not find any legislation regarding traveling in eu as a non eu cite zen with a uk permanent residence
Any chance I can get a appropriate legal advice in my case? I need to find the exact article or treaty regarding
my case to be able to provide it to the wizz airline in case if they don't have any legal right to stop me boarding on the lane
Many thanks
Submitted: 3 years ago.
Category: Immigration Law
Expert:  cityguru replied 3 years ago.
HI - On what basis do you have permanent residence in the UK? ARe you an non EEA family member of an EU citizen
Customer: replied 3 years ago.
Hi
I have indefinite leave to remain in uk
I am an easterneuropean citizen not a eu citizen or an era family member
Expert:  cityguru replied 3 years ago.
Thanks . I am afraid I cannot give you the answer you want. Therue is nothing under EU law that requires any member state to admit a non EEA citizen without a visa unless that person is a family member of an EEA citizen. the fact that you have indefinite leave to remain in the UK gives you no right under EU to travel to any other member state.
You have to obtain permission to travel according to your citizenship.
It is entirely up to the individual countries to determine what entry requirements they have. Obviously if you have Schengen visa that will cover all states subscribing to that butI do not believe this currently covers Romania .

Is the reason that you do not need a visa because of your citizenship? It is pretty unhelpful of the Romanian consulate to tell you that you could not get a visa but you might be refused boarding.

If you let me know your citizenship I will try and check the Romanian rules but it it might be sensible to try and get some reference to Romanian rules from the consulate

Customer: replied 3 years ago.
I'm a citizen of Moldova republic
The Romanian consulate explainers that uk is a eu member and any person that holds a permanent residence permit in uk a free to travel in eu and this has nothing to do with Shengen rules
And they just say that this info can be found at their site
Www.mae.ro
Expert:  cityguru replied 3 years ago.
Hi well that must be a Romanian rule. It is I can assure you not EU law and you not be permitted to travel to other EU countries for which Moldovians require a visa.

I will do a little more research for you but I do not think you will find anything that convinces the airline other than something from Romania
Expert:  cityguru replied 3 years ago.
Hi I have now read the rules and they very clearly do not say what you were told by the Consulate. f you read the website it says you need a visa if you are listed in ANNEX 1 - which Moldova is. It then says you are exempt it you fall into certain categories. Specifically 1. residents of Schengen countries as listed which does not include the UK. .2 Certain people form Bulgaria and Cyprus and 3. Family members of EEA citizens.
This is entirely in line with EU law and what I said earlier. There is nothing there I am afraid that says that a resident of the UK is exempt. It simply does not say what you were told. It very specifically relates to Schengen countries. I think you need to speak again to the Consulate.
Expert:  cityguru replied 3 years ago.
Hi i apologise it seem sI was wrong. I have read it again and there is a footnote at the bottom which says
"**Holders of permanent residence permits, issued by member states of the European Union, may enter and reside the territory of Romania for a period of up to 90 days, within 6 months, without a Romanian visa."
It is right at the bottom of the page below the exemptions.

I have no idea of the basis of this it must be a Romanian concession because there is nothing I can find in the EU rules - I will double check again .

Perhaps you can send the webpage to the Airline?
Expert:  cityguru replied 3 years ago.
I have checked and it is not an EU requirement I am afraid. No such rights are afforded to third country citizens coming to the UK for example.
Customer: replied 3 years ago.
This info from the web were provided before to the airllane the ambassy were in contact with the airline director
And still there were problems at the airport
That's worries me and would be helpful to know what to do if they will still refuse boarding
Thanks
Expert:  cityguru replied 3 years ago.
Well It is not really a helpful answer but if they refuse you boarding when they have no justification then you will be able to claim compensation but of course that is no consolation. I would obviously take the web statement with you but it would be ideal if you could get something in writing or by email from the embassy to confirm this.

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