Australian Dual Citizens Entering UK after February

[Noah Count]

I have read most of the comments on this thread but due to a conversation with my brother and dad I am now somewhat concerned the British may claim me as on of their own if that is even possible. My Dad was born in the UK but to the best of his knowledge he became an AU citizen prior to marriage to my mum in 1965 but apparently he is still a duel citizen. I was born in 1968, in AU and have never applied to be a UK citizen, my brother was born in the UK in 1971 and at some point in time my sister born in AU in 1973 applied for and was granted duel citizen ship (based on dad). The question within our family is if I will claimed by the UK based on Dads place of birth. I would have thought not, I have only ever travelled to the UK on AU passports both standard and offical government (the green one) I have an approved ETA for my current passport but the family are saying next month the UK may deny entry based on my dads place of birth. Is this the case, I would have thought the UK cannot claim me as one of their own. I have never been interested in applying for UK citizenship although I am able to do so and would most likely be approved.

 

[LondonAussie]

I think you are technically a UK citizen since it’s automatically passed down one generation to children born outside the UK to a British parent (see: Apply for citizenship if you have a British parent).

However since you’ve never officially claimed that citizenship or registered it in any way, you’re also unlikely to be on any of the UK government databases used for border control. So in all likelihood you can say you’re not a UK citizen on the ETA application and continue using your Aussie passport after 25 February.

 

[jastel]

Most of us think the same...if you are NOT in the system you dont exist to them.

Its funny how for most Gen Xers getting a British passport was like a Golden Ticket to work and travel without barriers, now its a problem. I remember waiting hours on the "inside" of the airport for my Aussie mates to finally get through immigration...

 

[Rebus]

the family are saying next month the UK may deny entry based on my dads place of birth. Is this the case, I would have thought the UK cannot claim me as one of their own. I have never been interested in applying for UK citizenship although I am able to do so and would most likely be approved.

I would be amazed if the UK could determine your Dad's birthplace when they scan your passport. Whilst you have the right to apply for a UK passport, you are not currently a UK citizen.

In any event, is it really in the UK's interests to suddenly have a raft of applications for a passport which would then bestow a range of rights upon people who would not otherwise have sought them out?

 

[MEL_Traveller]

I have read most of the comments on this thread but due to a conversation with my brother and dad I am now somewhat concerned the British may claim me as on of their own if that is even possible. My Dad was born in the UK but to the best of his knowledge he became an AU citizen prior to marriage to my mum in 1965 but apparently he is still a duel citizen. I was born in 1968, in AU and have never applied to be a UK citizen, my brother was born in the UK in 1971 and at some point in time my sister born in AU in 1973 applied for and was granted duel citizen ship (based on dad). The question within our family is if I will claimed by the UK based on Dads place of birth. I would have thought not, I have only ever travelled to the UK on AU passports both standard and offical government (the green one) I have an approved ETA for my current passport but the family are saying next month the UK may deny entry based on my dads place of birth. Is this the case, I would have thought the UK cannot claim me as one of their own. I have never been interested in applying for UK citizenship although I am able to do so and would most likely be approved.

I’m inclined to agree with LondonAussie.

Whether you are automatically british, or qualify in some other way, the onus is always on the applicant to prove that. Automatically you have to present your birth certificate. For other methods you have to satisfy by either registering or satisfying residency requirements (for example naturalisation). If you don’t do those, the state doesn’t do it for you.

Not being silly about this, but let’s say they have your dad’s place of birth. There’s nothing to say that your dad is actually your dad! I mean you know he is, but for all UK immigration knows your mom and dad could have separated and you were born to a different father. The UK would somehow have had to get your Aussie birth certificate. Something they're not going to do.

The idea of automatic british citizenship is great for people in war-torn countries, or places where totalitarian regimes take hold and it’s an escape route for those eligible. I can’t see how it’s going to be used in a situation such as this.

But, as jastel points out, if you have ever become part of the system… that’s where they can cross-reference whether you have claimed british citizenship, and can cancel any (now) invalid ETA.

 

[LondonAussie]

Lots of stories about this in the ABC news, article today about people renouncing their UK citizenship in protest of these changes: British-born Aussies give up UK citizenship in response to passport rules

Interestingly it hasn’t got much attention at all in the UK press. This was the only story I could find locally: These are the UK dual citizen passport rules you need to know. Which basically just says, get a passport it’s only £94.

 

[burneracc]

people renouncing their UK citizenship in protest

Renouncing over this is comedic, thanks for the laugh

 

[MEL_Traveller]

Lots of stories about this in the ABC news, article today about people renouncing their UK citizenship in protest of these changes: British-born Aussies give up UK citizenship in response to passport rules

Interestingly it hasn’t got much attention at all in the UK press. This was the only story I could find locally: These are the UK dual citizen passport rules you need to know. Which basically just says, get a passport it’s only £94.

People are just being stupid.

Those that are renouncing their citizenship because ‘they don’t have the right documents to get their british passport’… do they not realise they need the same documents for both?

Here are the documents required to renounce your citizenship:

Documents to provide​

As part of your application, you may need to provide supporting documentation such as:

• your birth certificate
• evidence of your British nationality (such as a passport or a certificate of registration or naturalisation)
  
  • If you have your citizenship or status through descent from a parent or grandparent, you should send documents proving that person’s citizenship or status and your relationship to them

 

[equus]

I think you are technically a UK citizen since it’s automatically passed down one generation to children born outside the UK to a British parent (see: Apply for citizenship if you have a British parent).

However since you’ve never officially claimed that citizenship or registered it in any way, you’re also unlikely to be on any of the UK government databases used for border control. So in all likelihood you can say you’re not a UK citizen on the ETA application and continue using your Aussie passport after 25 February.

I also tend to agree with this - but would make an observation. Technically you are a citizen, but as you have said, they have no real way of knowing, so you are more than likely to get away with claiming you are not and obtaining an ETA - so all is likely to work - for now.

The gotcha is likely to occur if you decide in the future that you may want to claim your citizenship (and passport). You are now on record with the UK (your ETA application made after 25 Feb) where you have declared you are not a UK citizen. Whilst this is not renouncing it (that costs more), it may make trouble with respect to making false declarations.

In short, is it worth making false declarations, rather than obtaining hte passport? (unless you are an aspiring Australian Politician - in which case you are going to have to pay the costs of actually renouncing).