Are foreign nationals allowed to fly home to visit?

[oxcat1]

Travelling from a Tier 4 area. Plans to go home 02/01. To me the government advice looks firmly like you can't but this person is convinced they will have no problems based on previous friends travelling to visits home in lockdown 2.

I never said it said they weren't allowed in - I merely provided the link so that you could read it yourself.

They will be contacted if flight impacted. So, just wait and see I suppose.

I’ve just checked and there are flights from where I live to Madrid this weekend (I’m on tier 3) but also from London (4) so def flights are departing. I know the pcrs weren’t being checked before but since the strain has been announced they’ve started checking more that people have done them. I’d be more concerned about getting one done with the information the government is asking for tbh.

I think it depends on the country they are travelling to. Some countries allow entry to travellers from the UK only if they reside in the country they're flying into. Entry for leisure or reasons not deemed necessary will be refused, ie the airline will deny boarding. Best to look on the guidelines specifically for Spain. I think travelling atm is taking a big chance as so much can go wrong...

The traveller's nationality is irrelevant for travel in the UK,tThe rules are based on where somebody lives, not the passport they are carrying.

International travel to or from a Tier 4 area: If you live in a Tier 4 area, you can only travel internationally - or within the UK - where you first have a legally permitted reason to leave home.

www.gov.uk/guidance/tier-4-stay-at-home#travel

But what does “live” mean? The OP’s friend doesn’t “live” in the U.K. That’s the impression I got. That’s why she can go “home” to Spain.

@oxcat1 she better check with the consulate, I understand that we can return home, to stay, but to visit only on extenuating circumstances, as things are, we decided a few weeks ago not to travel, there are also restrictions in Spain, she might not be able to see anyone anyway...

I’ve got colleagues who are now stuck here for Christmas (Tier 4) and have had to cancel their plans to return home so I imagine OP’s colleague will be the same.

If she is claiming Spain as her home in order to go there but in reality is living here in a tier 4 area she may not be allowed back.

[quote Franklydear]@oxcat1 she better check with the consulate, I understand that we can return home, to stay, but to visit only on extenuating circumstances, as things are, we decided a few weeks ago not to travel, there are also restrictions in Spain, she might not be able to see anyone anyway...[/quote]
Once you’re in Spain you can meet up to 6 people most of the days and up to 10 the special days but she won’t be allowed to travel around. I’m Spanish and decided back in august to stay here this Xmas. I think it’s also risky to travel at the moment with the current changes as you don’t know whether you’ll be allowed back and when

@daisypond

But what does “live” mean? The OP’s friend doesn’t “live” in the U.K. That’s the impression I got. That’s why she can go “home” to Spain.

she resides and works here - that’s living here.

Lots of foreign nationals refer to ‘going home’ even if they have a family, job and mortgage in another country. I’m surprised you’ve not come across it before tbh.

I don't think the U.K. could legally prevent a foreign national from leaving as long as they were entitled to enter their destination country.

@daisypond

But what does “live” mean? The OP’s friend doesn’t “live” in the U.K. That’s the impression I got. That’s why she can go “home” to Spain.

Probably you'd need to work out where the friends "centre of interest"..

if he/she has a full time job in the UK, pays utility etc bills here and spends e.g. more then half the year ( FWIW the tax man thinks 90 days makes you resident) then I'd suggest she "lives" here....travelling back to (?) Spain to see family would not then count as travelling "home" in the context of all this..

all IMHO.

@RudolphToldRedNoseNotSymptom

Basically, if you're a resident of the country you want to fly back to from the UK, then the country will accept you - at least - that's what Ireland have done - they've organised 2 flights to get stranded Irish residents home (proof to be provided to Dept of Foreign Affairs before they book you on the flight). They're not permitting Irish citizens resident in the UK to fly in for Christmas or the like.

But this does not apply to the OP's friend - she is resident in the UK. Irish people who normally reside in the UK and work there are not allowed to return to Ireland at the moment. And the OP's friend will not be allowed to return to Spain. (unless she is returning there forever, which does not seem to be the case).

My DD lives in a European country - not Spain. She has a resident’s card and a bank account etc. But she is only living there for a few months. She still “lives” in the U.K.

The point is the person is not allowed to enter Spain (and French and Irish people in the same situation in the UK are not allowed enter Ireland or France either).

@Mistigri

I don't think the U.K. could legally prevent a foreign national from leaving as long as they were entitled to enter their destination country.

But a private company (I.e the airline) can put whatever conditions they want in place - and if they want to insist on seeing proof of address and refuse to “serve” anyone from a Tier 4 area they can.

She lives and works here.
She has elderly family but nobody imminently dying.
She has arranged the PCR test.

@EasterIssland I am Spanish too, we had a dim hole to go until about October, but is just not doable, hope everyone is ok

@Annasgirl if she’s Spanish then she’s allowed back in Spain. A British person can’t go to Spain at the moment but myself with my Spanish passport can go. It’s in a link that another pp has said. So ops friend is allowed to go to Spain as long as she’s got a Spanish passport.

@Franklydear feliz navidad

@EasterIssland y prospero año Nuevo, esperemos

But a private company (I.e the airline) can put whatever conditions they want in place - and if they want to insist on seeing proof of address and refuse to “serve” anyone from a Tier 4 area they can.

Sure. Are they doing this? I know several people who travelled back to France just before the borders closed, from tier 4 areas, and one friend who delivered a car to a friend in the U.K. and then returned by coach (full of Eastern Europeans returning home) and said that not so much as a question was asked.

The main question I'd be asking if I were the OPs friend is not "can I leave" but "how easy will it be to get back".

I’m not sure either I want to go to Ireland! My first baby is due soon And I want to go home for a visit

My husband and I are thinking we will just go anyway and stay for a long time! Like a few months even - they can’t stop us coming back if we are citizens I’m sure - like technically we could say we are being repatriated?

@Mistigri

I don't think the U.K. could legally prevent a foreign national from leaving as long as they were entitled to enter their destination country.

Nope, governments pretty much universally have the right to stop foreign nationals leaving their shores ..and in addition to that as Dyrne states airlines can and do deny boarding and some of those ATM can be health related...e.g. in part, from a well known UK airline's current T&Cs

"Our Right to refuse to carry you":

"... put the safety of the aircraft or the safety or health of any person in the aircraft in danger."

Unlikely to happen I know but I'd say if so minded that could be used by an airline to cover the case of a passenger attempting to board who lived in and had travelled from somewhere in Tier 4..