UK Implements New Entry Rules for Dual Citizens

New regulations for entering the United Kingdom became effective on February 25, 2024, mandating that British and Irish dual citizens use a valid British or Irish passport, or a foreign passport containing a Certificate of Entitlement (COE), for entry. These changes are part of the UK government's initiative to digitize its immigration system and strengthen border security.

The new rules have impacted a significant number of individuals, particularly dual Australian-British citizens, with many travelers reporting confusion and challenges in complying, while the UK Home Office maintains that information regarding the changes was communicated in advance.

Strict Requirements for Dual Citizens

As of February 25, individuals holding both British or Irish citizenship and another nationality are required to enter the UK using a valid British or Irish passport. An alternative is to use another valid passport that contains a Certificate of Entitlement (COE). Dual citizens are no longer permitted to enter the UK solely with a non-UK or Irish passport, and they are ineligible to apply for an Electronic Travel Authorisation (ETA).

These requirements also apply to children born outside the UK to a British or Irish parent, who may be considered citizens by descent even if they have not previously held a UK or Irish passport.

Understanding the Certificate of Entitlement (COE)

A Certificate of Entitlement (COE) is an official document affixed to a foreign passport, which confirms the holder's right to reside in the UK without immigration restrictions or time limits. Historically, COEs were physical stickers requiring renewal each time the associated foreign passport was renewed.

However, from February 26, the UK government introduced a new policy allowing dual nationals to obtain a lifelong digital record linked to new passports, which will not incur additional cost beyond the initial application fee. The cost for an initial COE application is approximately £589 (equivalent to about A$1,100 - A$1,182).

Compliance Options and Associated Costs

Dual citizens have several primary options to meet the new entry requirements:

• Obtain a new British or Irish passport: The cost for a new British passport is approximately £100-£108 (around A$190-A$280), and an Irish passport costs about A$130. Processing times for new passports have been reported to range from three to eight weeks or more, with the British High Commission in Australia indicating an average of four weeks for complete applications. Online applications are generally considered faster.
• Obtain a Certificate of Entitlement (COE): The application costs approximately £589 (around A$1,100 - A$1,182).
• Renounce British or Irish citizenship: This process typically costs approximately £482-£589 (around A$968-A$1,000) and can take up to six months. Renunciation is permissible only if the individual holds another citizenship or will acquire one immediately, and it may affect the status of future children or access to certain benefits.

The New Electronic Travel Authorisation (ETA) System

Alongside the new rules for dual citizens, the UK implemented an Electronic Travel Authorisation (ETA) system, also effective February 25. This digital permit is required for most travelers from visa-exempt countries (such as Australia and the United States) entering England, Scotland, Wales, and Northern Ireland for tourism or short stays. An ETA costs approximately £10-£16 (around A$20-A$32) and is valid for two years or until the holder's passport expires, permitting multiple visits during its validity.

Exemptions apply to UK passport holders, individuals with permission to live, work, or study in the UK, those with a COE, and typically for transit through a UK airport if border control is not passed. Dual British or Irish citizens are ineligible for an ETA when traveling on a foreign passport.

Temporary Relief: Expired Passport Guidance

Following concerns raised about the new rules, the UK Home Office introduced temporary guidance.

The UK Home Office introduced temporary guidance allowing carriers (including airlines, ferry operators, and international train services) to, at their discretion, permit dual nationals to travel if they possess both an expired UK passport (issued in 1989 or later) and a valid passport for a nationality eligible for an ETA.

For this allowance to apply, personal details on both passports must match, and travelers may still be subject to additional identity checks upon arrival in the UK.

Government Rationale and Communication Strategy

The UK government stated that these new regulations are consistent with international border policies and are a step towards digitizing the immigration system, establishing a contactless UK border, and enhancing national security. The Home Office has denied that the changes are primarily motivated by monetary gain.

Officials have stated that public information regarding these requirements has been available since October 2023, with an ETA communications campaign running since 2023.

Significant Impact on Travelers and Industry Pushback

The implementation of these regulations has reportedly led to significant confusion and frustration among affected individuals, particularly dual Australian-British citizens. Many travelers, some previously unaware of their dual citizenship status, have reported challenges including:

• Travel Disruptions: Accounts of canceled flights, altered itineraries, and difficulties attending family events such as funerals, weddings, or visiting elderly relatives, due to documentation issues.
• Application Challenges: Reports of lengthy processing times for new passports or COEs, with some individuals facing waits of eight weeks or more. Difficulties in navigating online application processes and obtaining clear, direct guidance from UK authorities have also been reported.
• Financial Implications: The costs associated with obtaining new travel documents, in addition to some individuals reporting significant financial losses due to trip cancellations or expenses for emergency travel documents.
• Family Circumstances: Challenges for families, including Australian-born children deemed British citizens by descent who now require a British passport for entry, despite never having held one.

Dean Long, CEO of the Australian Travel Industry Association (ATIA), characterized the changes as "unethical" and urged the UK Home Office to extend the deadline, citing "chaos" and "massive disruption" for thousands of individuals.

Calls for a delay or grace period have also been made by UK Liberal Democrat Members of Parliament and former Conservative cabinet minister David Davis, who expressed concerns about communication and the potential obstruction of British citizens' right to enter their own country.

Scam Warnings for Passport Applications

Amid the rule changes, warnings have been issued regarding third-party websites that reportedly overcharge for passport application assistance. Travelers are advised to use official government websites for applications, verify domain names (e.g., checking for official government URLs), cross-reference information from multiple reliable sources, and exercise caution with websites that create a sense of urgency or request non-traditional payment methods. One British-born Australian citizen reported being significantly overcharged by an unofficial website while attempting to renew her British passport.

Key Advice for Dual National Travelers

Australian citizens who are also dual British or Irish nationals are advised to:

• Secure a valid British or Irish passport or a Certificate of Entitlement before traveling to the UK.
• Be aware that airlines and other carriers are responsible for enforcing these requirements at check-in.
• Carry both their Australian passport (for exiting and entering Australia) and their British or Irish passport (for entering the UK).
• Consult official government websites for the most accurate and up-to-date information regarding travel requirements.

The UK permits dual citizenship, but British citizens are generally required to use their British passport for entry into the UK. Similarly, Australian citizens returning to Australia are typically required to use an Australian passport for re-entry.