Australian Dual Citizens Entering UK after February

[kelvedon]

In response to criticism that there was issuficient warning and poor communication about the new regulations, a Uk Gov spokesman said

"Public information advising dual nationals to carry the correct documentation has been available since October 2024 and a substantive communications campaign about the introduction of ETA has been running since 2023.
"This requirement applies to all British citizens regardless of other nationality and is the same approach taken by other countries, including the United States, Canada and Australia."

How are UK passport rules changing for British dual nationals?

Entry requirements to the UK for dual nationals are being overhauled as part of sweeping changes to the immigration system.

www.bbc.com

 

[Pushka]

If you were born overseas, never had a british passport then they won't know.

Probably only people that will get picked up are those that were born in the UK and then let their British passports lapse and used the foreign passport.

Yes, but it's still a bit worrying for those with Brit parents but hopefully they won't ask at check in. But - if a UK passport is presented and the kids have an Aussie passport then maybe the question might get asked.

 

[MEL_Traveller]

Yes, but it's still a bit worrying for those with Brit parents but hopefully they won't ask at check in. But - if a UK passport is presented and the kids have an Aussie passport then maybe the question might get asked.

But a check-in agent shouldn’t be able to challenge an officially issued and valid authority or visa. With validity having been confirmed by the country of issue and not revoked (the latter being the question as to what happens with existing ETAs on 25 Feb where you have also declared you are British).

If an ETA has been issued in an Aussie passport - even if the applicant gave incorrect information to obtain it - it’s not the duty of check-in staff to revoke that authority to travel. Unless the visa/authority is a forgery.

The parent could have got their passport by descent meaning citizenship is not automatic for the children. Is check-in going to go to that level of detail?

Even if you had a UK city as your place of birth, it doesn’t mean you were an automatic citizen (after 1983 at least one of the parents had to have settled status in the UK). You could have later naturalised, and you children would then have to apply for registration… it’s not automatic.

There are lots of permutations to this… not something I’d hope check-in has the legal authority to delve in to.

 

[Pushka]

But a check-in agent shouldn’t be able to challenge an officially issued and valid authority or visa. With validity having been confirmed by the country of issue and not revoked (the latter being the question as to what happens with existing ETAs on 25 Feb where you have also declared you are British).

If an ETA has been issued in an Aussie passport - even if the applicant gave incorrect information to obtain it - it’s not the duty of check-in staff to revoke that authority to travel. Unless the visa/authority is a forgery.

The parent could have got their passport by descent meaning citizenship is not automatic for the children. Is check-in going to go to that level of detail?

Even if you had a UK city as your place of birth, it doesn’t mean you were an automatic citizen (after 1983 at least one of the parents had to have settled status in the UK). You could have later naturalised, and you children would then have to apply for registration… it’s not automatic.

There are lots of permutations to this… not something I’d hope check-in has the legal authority to delve in to.

Well yes, that all makes sense but when the UK eta first started people were advised they didn't need to print the email. But many checkin agents wanted to see it. So

 

[MEL_Traveller]

Well yes, that all makes sense but when the UK eta first started people were advised they didn't need to print the email. But many checkin agents wanted to see it. So

That’s true, but that doesn’t go down to the level of determining parentage and eligibility for citizenship. That’s a legal rather than evidentiary issue.

 

[Pushka]

That’s true, but that doesn’t go down to the level of determining parentage and eligibility for citizenship. That’s a legal rather than evidentiary issue.

Ok. So family rocks up to check in. Dad has UK passport. Mum has UK passport. Kids have Aussie passport and ETA. The questions asked of the parents if Agents have been 'trained'?

 

[MEL_Traveller]

Ok. So family rocks up to check in. Dad has UK passport. Mum has UK passport. Kids have Aussie passport and ETA. The questions asked of the parents if Agents have been 'trained'?

Is your child a British citizen?

‘no’ that’s why they have an Aussie passport and ETA.

Mum and dad could both have got their citizenship by descent and therefore don’t automatically pass it on.

‘But it lists on your passport that you were born in Manchester’?

‘It does, but my my kids aren’t British’

 

[Pushka]

‘But it lists on your passport that you were born in Manchester’?

‘It does, but my my kids aren’t British’

in that scenario they are considered British. Whether or not they get a passport.

 

[MEL_Traveller]

in that scenario they are considered British. Whether or not they get a passport.

Yes, I think that’s right if by descent but there are other scenarios where it depends on when the parents were born. (I’ve edited my post above to reflect your input. )

If born after 1983, you didn’t automatically qualify as British just be being born there. One or both of your parents had to have ‘settled’ status (indefinite leave to remain). They could have been there on a working holiday.

Airline check-in would need to know the immigration status of both sets of the passenger’s parents, when the children were born (and where, but that’s on the passport), the citizenship status of each of the parents at the time of birth of the children (the parents could have acquired citizenship later, after the birth of the children) and marriage status at the time of birth.

So scenario… mum and dad both born in UK to Aussies on working holiday. They all return to Australia. Years later the parents meet up and get married. They move to the UK for work opportunities. A couple of years in, mum falls pregnant (still not a UK citizen). Decides to use the parental leave to go home to Australia to have the child, better hospitals and parents to help out. Dad stays on.

Mym returns to the UK with child. Three years later, at the end of five years both get naturalised. They decide to return to Australia because the climate is better, there’s better health care, they want to be close to their parents, and the schools are better.

I don’t think the child ever acquires automatic citizenship, but could apply?

So that’s an example of the complexity of the law. Which I don’t think the checkin agent could possibly be trained in.

 

[Zero]

So that’s an example of the complexity of the law. Which I don’t think the checkin agent could possibly be trained in.

But checkin agents might refuse to let you check in anyway if they guess that you might be British.

I spent COVID in the UK/Europe and lack of knowledge didn't stop check-in agents there making up nonsense about COVID rules and wrongly denying boarding.

At least in the UK/Europe there are strong protections when you get wrongfully denied boarding, while that's not the case in Australia

 

[Askance]

I posted my application on 29 January via Express Post with photocopies of my Aus passport, original UK birth cert and UK passport that expired 25 years ago. Received email notification it was received by Passport Office on 6 February.
Waiting patiently.

Express post 29 Jan
Received Passport office 6 Feb
Approved 12 Feb
Delivered 18 Feb

Success

 

[lovestotravel]

Express post 29 Jan
Received Passport office 6 Feb
Approved 12 Feb
Delivered 18 Feb

Success

Nice, exact same dates as me, but we've had requests for paperwork. so adding at least a week or more..

Posted off the additional paperwork for Child 2 today.... see if they ask for anything else ..........

Child's 1 additional paperwork left Dubai a few hours and and Child 2's will be on it's way to Dubai hopefully tonight or 6am in the morning.

22 ish days to departure

 

[Princess Fiona]

Ok. So family rocks up to check in. Dad has UK passport. Mum has UK passport. Kids have Aussie passport and ETA. The questions asked of the parents if Agents have been 'trained'?

Zip, nil, nada

 

[Pushka]

Zip, nil, nada

Not yet as there's no need but when the requirement comes into play?

 

[stu961]

If you were born overseas, never had a british passport then they won't know.

Probably only people that will get picked up are those that were born in the UK and then let their British passports lapse and used the foreign passport.

as is the case with my wife... BUT what information does the airline have access to is the question, they are the "gatekeeper"... she has an Aussie passport with a valid ETA that she has used a number of times to enter the UK recently... born in XYZ is the only visible indicator but there's a XYZ in Australia, so is XYZ, UK in the system??