Children who are born outside the UK to at least one British parent are, in many cases, automatically entitled to British citizenship – but changes to the UK travel rules means that these children may now be required to get a UK passport to travel to Britain.
Over the past two years the UK has changed its travel rules, now requiring almost all travellers to obtain the Electronic Travel Authorisation (ETA) before travelling in order to enter the country.
You can read the full explanation of how it works HERE, but it basically involves going online before the trip, filling out a form and paying £16 (€19).
People travelling on a British or Irish passport do not need an ETA, while people who have a long-stay visa or settled status for the UK should show their visa or proof of residency at the border instead.
The situation, for British dual nationals, however, is complicated.
READ ALSO: Will British dual nationals really be forced to have a valid UK passport from February?✎
Despite admitting that “there isn’t a specific legal requirement for British citizens to travel on a British passport”, the new system essentially leaves British dual nationals with only two choices; obtain a British passport (or Certificate of Entitlement) or use their other passport and get and ETA, but give false information when filling out the ETA form (which does not allow users to list British as a second nationality). The British government has warned Britons heading to the UK after February 25th, that if they don’t have a valid British passport or an expensive Certificate of Entitlement they face extra checks and may even be refused boarding or turned back at the border.
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The often conflicting and ever-changing information sent out by the British government has lead to much frustration among British dual nationals around the world.
British dual nationals living in Europe are often people who have moved and then obtained citizenship of the country they now call home. In most cases they have at one point had a British passport, but they may have allowed it to lapse – due to either financial constraints or convenience – and now use the passport of their other country to travel.
However, the situation is different for their children if they were born abroad – and many parents are unaware.
British citizenship
The rules on UK citizenship through a parental link have changed several times in recent decades
Children born abroad before 1983 are British if their father is British and was married to their mother at the time of their birth. Children born abroad to a British mother before 1983 are not British because, er, apparently women weren’t legally people then, or something?
Children born abroad between 1983 and 2006 are British if either their mother or father was British, although if the father is British they must have been married to the mother at the time of their birth.
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Children born on or after July 1st 2006 are British if either their mother or father is British, with no requirement that the parents be married.
There are some other exemptions to the rules, for example for the children of diplomats.
British citizenship can only be passed down for one generation – so the children of these kids born abroad will not inherit their British citizenship.
ETA rules for dual nationals
But those who do meet the criteria are considered British – even if their parents have never applied to get them a UK passport.
These children will have the passport of their country of birth, and in many cases may consider themselves to be fully French/German/Swedish/etc – viewing the UK only as the country of their parents. Their parents may have taken the same view.
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However despite this, the UK government considers them to be British, and therefore requires them to use a UK passport (or certificate of entitlement) if they want to travel to the UK, even if they are only going for a short holiday.
“This has all come as news to me,” said The Local Europe’s Editor Ben McPartland, who has found himself in this very situation with his two France born children.
“I still haven’t got round to getting them a British passport, so I just got them an ETA to use with their French passports, without thinking I was actually giving false information. I just presumed they were only British if I registered them with UK authorities or got them a British passport. For me, for the time being, they are just French.
“So far no one has said anything when we’ve travelled to the UK in recent months, but perhaps things will change from February 25th when they say they will be stricter with the rules.
“We’ll see if they face any difficulties next time we go, because it’s unlikely I will have their British passports. But given there is absolutely no legal obligation for them to travel on a UK passport instead of their French ones, I expect them to let us through.”
A Home Office spokesperson told The Local: “Dual national British citizens include: British-born people who have acquired another country’s nationality; people who naturalised or registered as British later in life; and people who have been dual nationals since birth.
“All dual British citizens will need to present either a valid British passport or certificate of entitlement.”
This is despite an official government response to parliament stating: “There is no single specific legal requirement that a British Citizen must travel on a British passport . . . The introduction of ETAs makes no change to legal requirements for dual British citizens.”
