Dave Noble

A UK citizen entering the UK can enter on any passport. A UK citizen has the right to be in the UK and cannot end up being unlawfully in the country

Regardless, the passenger is planning to enter UK on an EU passport, so any issues of using an AU passport to enter UK would not exist

LHR/MEL/Europe FF

Is this the same system used for the USA? I have never used the same passport to leave Australia as I have to enter any other country, including the USA.

Dave Noble

I have never had an issue with using AU passport ex AU and UK passport entering UK with the AU passport details being in the booking

LHR/MEL/Europe FF

No, but in this case the passenger is not a UK citizen. They are Hungarian. And if they entered on an Aussie passport they would only be permitted to stay 6 months on that passport. The Aussie passport would technically be in 'over-stay' after that period.

I don't know if that would need to be reconciled. If it did, easy to do so with a side trip to europe.

Dave Noble

This is irrelevent to the OP anyway - the OP intends to enter the UK on an EU passport

DownUnderFlyer

[mod hat] As this has nothing to do with QF I will be moving this topic. And to the about 200 people who reported this thread, yes, I was a bit slow. Mea Culpa. [/mod hat]

LondonElite

Dave Noble is right, there is no issue. However you get out of Australia, when you show up in the EU, nobody is going to care what it says on your (now expired) boarding pass. It may as well say Mickey Mouse. As long as you are the person on the Hungarian passport (and however you decide to spell your name) you will be permitted entry.

paul00

I concur with the comments expressed above regarding the name to use when booking flights, as well as the use of passports when flying.

You mentioned that your relative intends to study in the UK. Generally, it should be more advantageous for her to put down her nationality as Hungarian when she applying for unis/colleges etc as she will be treated as an EU citizen for the purpose of student funding/fees.

When it comes to registering with a GP, again it would be more advantageous for her to put down her nationality as Hungarian as EU citizens residing in the UK enjoy greater healthcare coverage than the UK-Australia reciprocal healthcare arrangements.

Your relative will be entitled to register to vote (and should do so, as adding her name to the electoral register will increase her credit score, making it easier to apply for credit cards, subscribe to a mobile phone contract etc). Commonwealth citizens can vote in all elections and referenda in the UK, whereas EU citizens can only vote in local elections, so when registering to vote, it would be better to put down her nationality as Australian. She will be able to vote in the upcoming referendum on the UK's membership of the European Union...

Set

Paul (and others):

Do you know whether an EU citizen is allowed to stay in the UK indefinitely (if not studying or working)? What about staying for 7-8 months, leaving, then coming back a few weeks or days later?

When she checks in in LHR to return home, and her ticket says "Jackson" but her EU passport (which she's using to exit the UK) says "Jacksons", and if the airline agent picks up on it, will she call an immigration guy, or cause any fuss?

percysmith

I assume Jackson is the Australian passport name.
That may be a problem. She's meant to present the Australian passport with Jackson at LHR check in, not the Hungarian passport with Jacksons.

But if the ticket said Jackson then a potential question (I'm not certain this will be asked) may be asked in Australian check in (where she presents Jackson ticket and (Australian) Jackson passport) about whether she is allowed to stay in EU >6 months. If that is asked, present Jacksons Hungarian passport.

paul00

I concur with what has been said by many users above on the issue of your relative presenting her passport at the check-in counter.

As long as the UK votes to remain in the EU in the referendum on 23 June, EU citizens will continue to enjoy the right to free movement in the UK. This means that EU, EEA and Swiss citizens who are working or studying in the UK have the right to reside there. The rules are slightly more complex for EU, EEA and Swiss citizens not working/studying. However, in the case of your relative, if she is studying in the UK and leaves for a weeks/days (e.g. to go on holiday) this should not affect her right to free movement.

After residing in the UK for 5 years as an EU citizen exercising her right to free movement, your relative will acquire permanent residence. She can apply for a UK permanent residence card (https://www.gov.uk/apply-for-a-uk-re...residence-card) to prove her permanent residence. After residing in the UK for 5 years (the last year of which as a permanent resident), as long as she has spent no more than 450 days outside the UK during those 5 years (and no more than 90 days outside the UK in the last 12 months), she can apply for British citizenship (https://www.gov.uk/becoming-a-britis...-you-can-apply).

'Indefinite leave to remain' has been referred to previously in this thread. Strictly speaking, this is only applicable to non-EU/EEA/Swiss citizens.

Another thing to mention is that, if your relative plans to travel frequently within Europe (as you mentioned that she will leave the UK and return a few weeks/days later), it may be convenient for her to apply for a Hungarian national identity card. Like the Hungarian passport, it is valid for 10 years from the date it is issued, but it is easier to carry around (as it is the size of a credit card). Within the EU, the Hungarian national identity card is treated the same as a Hungarian passport (both are equally valid identity and travel documents enabling the holder to enjoy the right of free movement). One slight disadvantage is that, on arrival in the UK, with a Hungarian ePassport, your relative will be able to clear immigration using the eGates (similar to SmartGates in Australia/NZ which take a photo of the user and compare it with the photograph stored in the RFID chip inside the ePassport) rather than using one of the immigration counters. On the other hand, the eGates are unable to process a Hungarian national identity card.

LondonElite

There is little point in speculating what happens on or after 23 June. Even if the UK votes to go, tearing the country out of the EU will take several years, and things like residency and citizenship will take even longer to get sorted out.

celle

This is all making it more complicated than it needs to be. I have dual nationality, NZ and UK. I book my flights using my NZ passport details and show my NZ passport to the airline when checking in and when leaving NZ.
The airline submits details of my NZ passport.

On arrival in the UK, I use my UK passport. I don't know if the the UK immigration officials have access to the data the airline submits but I have never once been questioned about any discrepancy.

There is a difference between checking in at the airline counter and exiting a country, and you can show a different passport for each process.

She should show her Australian passport (which will correspond with the name on her flight booking) when checking in at the airline counter. The airline needs to check that she has the correct documentation to enter Australia.
UK immigration doesn't usually do exit checks - it's only happened to me once - but if they do, she should show her EU passport, because that is the one she used to enter the UK. If, then, there is any question about her eligibility to enter Australia, she simply explains that she has dual nationality and also shows her Oz passport.

ChangingNappies

Since 1999 Hungary is a member of ICCS, the International Convention on Civil Status. Check out #21 Convention on the issue of a certificate of differing surnames http://www.ciec1.org/SiteCIEC/PAGE_P...ExWcVFrck53CQA
Maybe she will be able to get such a certificate, which might end up being useful to her in many ways. I don't speak Hungarian, so she needs to check it by herself. Hungarian consulate might or might not be helpful in that matter.

As for the flights, as said up thread, OZ passport at check in, HU at EU immigration in and out.

Set

@ChangingNappies, the link you provided doesn't work

To all of you helpful people, I have an update.

She has received her Hungarian birth certificate and ID card, but not her passport yet.

In a stroke of divine luck they made out the above in her Australian spelt surname!

Questions follow:

1- Can we assume the passport will be in the same name as her birth cert and ID card? (I'm assuming yes, but maybe people here know otherwise)

2- She has not received her passport yet. In the event she doesn't have it before she travels, is the ID and maybe a copy of her Hungarian birth certificate enough for her to enter the UK as an EU citizen?

3- The Hungarian ID does not include a photo. Anyone have a clue as to whether that's normal? It only has a name, dob, place of birth, and mother's name... Would the UK immigration be ok with that?

Hoping you guys may be able to advise, even though the main original question is hopefully not an issue anymore.

PS: I don't think one earlier question has been answered: May an EU citizen enter the UK and stay for more than 6 months at a time (not indefinitely) if they're not studying or working?