Dual nationals could use expired UK passports to prove they are British, Home Office says | Home Office
British dual nationals will be able to use expired UK passports to prove to airlines that they are British when controversial new immigration rules come into force, the Home Office has said.
The new rules, which come into force on Wednesday, require anyone arriving in the UK with dual citizenship to present a British passport when boarding a plane, ferry or train, or purchase a £589 “authorisation” document to be attached to their foreign passport.
Airlines and other transport operators risk being fined if they board passengers who do not have the right to enter the destination country. Dual citizens are not eligible for ETA on their second passport; therefore, they risk being refused by airlines if they cannot prove their right to enter the UK.
The rules have caused stress, disgust and consternation among Britons with upcoming travel plans, including children born abroad whose passports have expired or who initially did not have a British passport.
The Liberal Democrats have called for additional time for Britons affected by the change in rules to obtain new passports; This process may take weeks.
The Liberal Democrats’ immigration and asylum spokesman said the changes left many dual nationals “in a difficult situation”. Will Forster said: “As we resolve the chaos, the government must allow additional time as many dual nationals are in heartbreaking circumstances, unable to visit sick family members or attend weddings and funerals. It must also urgently provide a low-cost, affordable alternative to the current system.”
People with dual British and Irish citizenship will not be affected by the rule changes.
Airlines may accept an expired British passport as an alternative document “at their discretion”, the Home Office said on Thursday. This will be in addition to the valid foreign passport that would be required if there were no new rule.
While it acknowledges that the new rule is a “significant” change, it is said that border officials will ultimately decide whether a person can come to the UK.
The Home Office said: “We recognize this is a significant change for carriers and passengers, but we have been clear about the requirements for dual British nationals to travel with a valid British passport or warrant, in line with those for all British nationals.
“Carriers may, at their discretion, accept an expired British passport as an alternative document. Additionally, people who previously held a British passport can apply for an emergency travel document if they need to enter the UK urgently.
“In line with current practice, once they arrive at the UK border Border Force will continue to assess the person’s suitability to enter the UK and carry out additional checks if necessary.”
Many citizens living abroad or with dual citizenship living in the UK were surprised by the rule change.
The Home Office points out that the new system, designed to separate British citizens from foreign nationals at border checks, has been flagged on the gov.uk website since October 2024, when it announced the introduction of the “electronic travel permit” that non-resident foreign nationals will now need to obtain to enter the UK.
In November, it was announced that according to new rules, British dual citizens will not be able to obtain an ETA with a foreign passport.
Morgan Read, an immigration lawyer at North Square chambers, said there was nothing in the Immigration Act 1971 that required a valid UK passport to prove British citizenship. “It’s well known that expired passports can be used to prove citizenship and identity; that’s not their purpose, but they can be used for that,” he said. official government page About “right to work” checks for British or Irish citizens with expired passports.
Hundreds of Britons living abroad wrote to the Guardian complaining that they did not have time to buy a new passport to travel at the end of February or March. A man canceled plans to go to his father’s memorial service; Others touted plans to see dying relatives before the rule change took effect.
Other British nationals living in the EU said they were effectively forced to take up dual citizenship after Brexit and had so far had no reason to keep their British passports up to date as they could travel in and out of Europe and the UK with EU passports.
