British dual nationals will be able to use expired UK passports to prove to airlines they are British when controversial new immigration rules come into force, the Home Office said.
The new rules, which come into effect from Wednesday, will require anyone coming to the UK with British dual nationality to present a British passport when boarding a plane, ferry or train, or buy a “certificate of eligibility” costing £589 to add to their overseas 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 nationals are not entitled to an ETA on their second passport so they risk being refused by airlines if they cannot prove their right to enter the UK.
The rules have caused stress, disgust and confusion among Britons with imminent travel plans, including children born abroad, whose passports have expired or who do not have a British passport.
The Liberal Democrats have asked for a grace period to allow Britons affected by the rule change to get new passports, a process that could take several weeks.
The Lib Dems’ immigration and asylum spokesman said the changes had left many dual nationals “in the lurch”. Will Forster said: “While they sort out the mess, many dual nationals are in heartbreaking situations, unable to visit sick family members or attend weddings and funerals. They urgently need to provide a low-cost, affordable alternative to the current system.”
Individuals with dual British and Irish nationality will not be affected by the rule changes.
In a statement on Thursday, the Home Office said airline carriers may “at their sole discretion” accept an “expired British passport as an alternative document”. This is in addition to a valid foreign passport if not for the new provision.
While admitting the new rule is a “significant” change, it still says border officials will ultimately decide whether someone can enter the UK.
The Home Office said: “We recognize this is an important change for carriers and passengers, but we are clear on the requirements for dual British citizens to travel with a valid British passport or certificate of eligibility in line with all British citizens.
“At their sole discretion, carriers may accept an expired British passport as alternative documentation. In particular, people who previously held a British passport may apply for an emergency travel document if they need to enter the UK urgently.
“In line with current practice, upon arrival at the UK border, Border Force will still assess a person’s suitability to enter the UK and carry out additional checks if necessary.”
Many citizens living abroad or with dual nationality and living in the UK were caught by surprise by the rule change.
Flagged on the gov.uk website from October 2024, the Home Office pointed to a new system designed to separate British citizens from foreign nationals at border controls when it announced the introduction of an “electronic travel authorisation” that would now require foreign nationals without residency rights to enter the UK.
It announced in November that British dual citizens will not be able to get an ETA on a foreign passport under new rules.
Morgan Reid, an immigration barrister at North Square Chambers, said there was nothing in the 1971 Immigration Act that required a valid UK passport to prove British citizenship. It’s well established that expired passports can be used to prove citizenship and identity – that’s not their purpose, but that’s what they’re used for,” he said, pointing to an official government page on “right to work” checks for British or Irish citizens who allow expired passports.
Hundreds of Britons living abroad have written to the Guardian complaining they will not have time to get a new passport to travel in late February or March. A man cancels plans to attend his father’s memorial service; Others have put forward plans to see dying relatives before the rule changes.
Other British citizens living in the EU were forced to take up dual nationality after Brexit and said there was no reason to keep their British passport up to date as they could travel around Europe and in and out of the UK on their EU passport.
