British Citizen returning to UK on foreign passport

[marty06]

If a British citizen (either naturalized or British born with dual nationality) entered the UK on their non-British passport, but decided to remain in the UK indefinitely, would this be allowed?

I have asked the UKBA and they say: 'enter on the British passport', but my question is: what if you didn't enter on a British passport (for whatever reason)? Would you need to contact the UKBA and inform them that you were staying in the UK as a citizen? Would you need to prove you were a citizen to them? If so, who do you contact? How would you prove it? Would you need to leave the country and re-enter on a British passport?

You must be allowed to stay in the country as you are a citizen. But at the same time, you don't want your foreign passport to be red-flagged as an overstayer? Anyone have any ideas what happens in this situation?

[vinny]

Apply for a CoE.

[marty06]

Vinny - are you saying apply for a CoE once you've entered the country on a foreign passport?

But why would a British citizen need to apply for a CoE? After all, no British citizen needs a passport or CoE to remain in the country?

Does the fact that I last entered the country on a non-British passport change that fact?

[vinny]

Vinny - are you saying apply for a CoE once you've entered the country on a foreign passport?

Applying before entering would be more useful. Also possible to apply in-country. It provides further proof of your status.

However, if you've already entered, then you don't need to do anything to remain, because British citizens have the right of abode.

[Backer]

Inspite of what UKBA told you there is no law that states that British citizens have to enter the UK on their British passport. The potential problem you might have is more technical than legal.
If you enter on a foreign passport you might be recorded as a foreigner and then might have explanations to do once you try to enter the country again so as not to be classified as an overstayer, for example.
The question is, what proof or ddocument do you have of your British citizenship in case you will be asked at the border?

[Christophe]

As above, there is no requirement, in either British law or regulation, that requires British citizens to use a British passport to enter the UK. All that is required is that the documentation presented be adequate for the purpose and duration of the visit. (This is in contradistinction to the situation in some other countries, e.g. the USA, Australia, that do require their citizens to use the passport of the country to enter.)

If you entered on a non-British passport intending to stay for a short time as a visitor, that is fine. And as a British citizen, you can subsequently change your mind and stay on.

The real question, in practical terms, is what documentation do you possess to prove your right to be in the country when you need to (e.g. if applying for a job, registering with a GP, and of course leaving the country and coming back in again). As Vinny says, you can apply for a certificate of entitlement to the right of abode, which confirms your absolute right to enter and settle in the UK and would effectively "over-ride" any entry stamp that you might have received in your non-UK passport. In reality, though, it would seem to make more sense simply to apply for a British passport, unless there is some particular reason not to do so.

What nationality of passport did you use to enter the UK? Or is it just a hypothetical question?

[marty06]

It's hypothetical, trying to avoid paying for two passports if we returned to the UK, and just wondering what would happen.
The proof we'd have would be a naturalization certiticate, which I'm sure would be fine for jobs, GP etc.


I'm just exploring the paradox that (a) a British citizen can enter the UK on any passport and (b) once cleared to enter, on whatever basis, a UK citizen cannot be deported, nor do they have to produce any form of official identity card or passport in order to have the right to stay.

Proof of citizenship once you're in the the country could presumably be a birth or naturalization certiticate. But as far as I can tell, these documents would mean nothing at border control. Thus the second paradox, that (a) to enter the UK as a citizen, someone has to produce a British passport or Right of Abode Certificate but (b) once in the UK, a citizen could prove citizenship without either of these two things.

[Backer]

Your naturalization certiticate will be accpeted at border control as proof of your british citizenship (along with your foriegn passport)

[Christophe]

Your naturalization certiticate will be accpeted at border control as proof of your british citizenship (along with your foriegn passport)

Not according to this page from the UKBA, which says:

ROA5 Proof of the right of abode
Under section 3(9) of the 1971 Act, as amended by the Immigration, Asylum and Nationality Act 2006, a person claiming the right of abode in the UK can prove it by presenting either:

— a UK passport or an ID Card issued under the Identity Cards Act 2006 describing them as a British citizen; or
— a UK passport or an ID Card issued under the Identity Cards Act 2006 describing them as a British subject with the right of abode in the UK; or
— a certificate of entitlement to the right of abode.

This superseded earlier legislation, which allowed other documentation in some cases.

The mention of ID cards here is obviously now out of date. (Also, UKBA, being the Border Agency, is concerned only with what constitutes proof of the right of abode at the border, not for people already in the country.)

It's hypothetical, trying to avoid paying for two passports if we returned to the UK, and just wondering what would happen.
The proof we'd have would be a naturalization certiticate, which I'm sure would be fine for jobs, GP etc.

I'm just exploring the paradox that (a) a British citizen can enter the UK on any passport and (b) once cleared to enter, on whatever basis, a UK citizen cannot be deported, nor do they have to produce any form of official identity card or passport in order to have the right to stay.

Proof of citizenship once you're in the the country could presumably be a birth or naturalization certiticate. But as far as I can tell, these documents would mean nothing at border control. Thus the second paradox, that (a) to enter the UK as a citizen, someone has to produce a British passport or Right of Abode Certificate but (b) once in the UK, a citizen could prove citizenship without either of these two things.

I think part of the point is to expedite the entry of people. Allowing passengers to present certificates of naturalisation and so on would inevitably make things slower, since they are not tied directly to the passenger's passport. A passenger might be able to use it, but I wouldn't depend upon it.

As to a British citizen entering the country without proof of the right of abode, that's fine if the person is genuinely intending only to visit. But to do that if intending to stay would constitute a lie, and it's not a good idea to lie to a passport control officer. If you subsequently change your mind about staying, then that's a different thing...

[Backer]

Thanks Christophe. However, I was personally told by an IO at the airport that a naturalization certificate can be presented as proof of British citizenship.

Even according to the page from the UKBA: — a certificate of entitlement to the right of abode - Well, isn't a naturalization certificate equivalent or even superior because a basic right of a British citizen is always the right to abode?

Personally, I find it hard to beleive that someone with a naturalization certificate (+valid foreign passport) will be denied entry to the UK as a citizen.

[Christophe]

Thanks Christophe. However, I was personally told by an IO at the airport that a naturalization certificate can be presented as proof of British citizenship.

Even according to the page from the UKBA: — a certificate of entitlement to the right of abode - Well, isn't a naturalization certificate equivalent or even superior because a basic right of a British citizen is always the right to abode?

Personally, I find it hard to beleive that someone with a naturalization certificate (+valid foreign passport) will be denied entry to the UK as a citizen.

You might be right. It would be interesting to know if anyone here has done this and, if anyone has, whether it resulted in an untoward delay.

Nevertheless, I personally would resort to that only in an emergency of some kind. It's also worth remembering that an unendorsed non-British and non-EEA/Swiss passport, even with a naturalisation certificate, is not going to impress the check-in staff at the point of embarkation if the passenger doesn't have a return or onward ticket out of the UK.

[Backer]

Hi Christophe, please note I'm not advocating this method as a routine for someone who is travelling in and out to/from the UK and especially in the smaller airports where there might be less senior staff. I'm just saying that for a one-off trip to the UK, this should work.

[marty06]

Hi - I wrote back to the Home Office and asked what the situation would be if a British Citizen, having entered on a foreign passport, then decided to stay. This is the response:

"Please be advised that the British Citizen can remain in the UK without any restriction.

However, if he/she entered the UK in the future he/she is required to enter on his/her British passport.

If question by the Immigration Officer he/she will be required to explain how he/she entered the UK previously."

So: I think the answer is, if you are planning to stay in the UK as a British Citizen, you can't really enter on a foreign passport as you would have to tell the truth to the officer at immigration about how long you were planning to be here. If longer than the visitors visa, s/he'd want to see proof of citizenship.

You're right, the IND website says only a Right of Abode stamp or British Citizen is acceptable proof. I think technically a British citizen cannot be denied entry to the UK once it is proved they are a UK citizen (which in theory can be done without either of these two things).It is possible, as you say, that the naturalization certificate may be enough to make this case, but it is also possible that s/he'd want to do further invesgitation (because I suppose the certificate of naturalization could have been revoked, for example?) which might take a very long time.

However, this reply from the IND suggests that if a British Citizen entered on a foreign passport intending only to stay for a visit, and genuinely changed their mind about remaining in the country (which was my original query), they could do so without needing to go through any other process, as long as they entered the country the next time on a British Passport/RoA certificate.

[Greenie]

to make things simple - why not just travel on a British passport! I don't understand why this is an issue.

[jamil05]

to make things simple - why not just travel on a British passport! I don't understand why this is an issue.

The poster might be trying to save the £72 passport application fee, or their country of origin doesnt allow dual citizenship like many countries in Africa and Asia.

Also they are not saying if they have ILR stamped inside foreign passport. If its ILR they may not need to do any explanation when entering UK

[Backer]

BTW - The fact that you hold or not hold a British passport is not relevant to the issue of dual citizenship. If your country of origin does not permit dual citizenship then you have a problem once you naturalize regardless if you end up with a British passport too.

[Marcus Samuel]

I don't think you would be violating anything since you are a British citizen even though you entered on a foreign passport.

[Backer]

The problem I was reffering to relates to countries which do not permit dual citizenship. The Uk permits dual citizenship.

[fhumbert]

Hi there,
I have been watching this thread a little.
Although I haven't been travelling much lately, I was in and out of the country many times in 2009.
I am a dual national of the UK and France and I hold a British passport, a French passport and a French identity card.
During 2009, I am pretty sure that I used any of those documents indiscriminately to get into the UK and I was never flagged up.
I guess the BA's computer system is not clever enough to pick up such patterns.

[Backer]

But you are an EU citizen so that might make a difference because there are no restrictions on your stay in the UK

[Christophe]

Hi there,
I have been watching this thread a little.
Although I haven't been travelling much lately, I was in and out of the country many times in 2009.
I am a dual national of the UK and France and I hold a British passport, a French passport and a French identity card.
During 2009, I am pretty sure that I used any of those documents indiscriminately to get into the UK and I was never flagged up.
I guess the BA's computer system is not clever enough to pick up such patterns.

The UK does not require British citizens to enter the UK on a British passport. All that it requires is that the documentation presented should be sufficient for the purpose of the trip. Since there are no routine restrictions placed on French citizens who enter the UK (as noted by Backer), there is no problem in a British citizen entering the UK using a French passport (or French ID card) the he or she legitimately holds.

Some countries do require their citizens to enter the country on a national passport issued by that country (the obvious example being the USA, but there are lots of others – e.g. Australia, South Africa), but plenty of other countries, including the UK, have no such requirement.

[hannah1210]

HI. ok. I would apply for UK esta. Will cost you 30 GBP. Yet do you need to declare your uk/? dual nationality for it? Call the embassy of your nationality or resident country, in London or visit there in person? If you enter the UK on a NON UK passport you will only get 90 days as tourist entry. I think you have to prove your stay within those 90 days to stay longer. As long as you are an EU citizen of another country, if not then I don't advise entering on NON UK/EU documentation. IE pay that 100£ in advance! Fyi they are HIDEOUSLY picky about the photos now it's e/chip passports! Good luck!

I have the same connundrum. I am dual national (uk born) UK/Austtralian.

I reside in the UK now fully. When I lived in Germany, I held a UK passport with German residency. The aus embassy would not allow an Aus passport.
I was not eligible due to Aus emb not considering me "citizen abroad" as a I was not living in my home country or seen as dual Uk/aus decent & resident.

This proved FURTHER problems when I tried to apply for a USA visa. Which I am now possibly needing. My UK passport was renewed. NOW NEW UK PASSPORTS ARE E PASSPORTS (chip) I could not hold an Aus passport as well with my UK as with German residency on it. So since my mother had to declare her dual status, why I do not know, I now carry a UK passport with Aus entry on it electronically. Can I have entry to the USA or not?

Do I then need an Aus passport as when I travel in the EU I do not need one as it's NOT outside the EU, yet when I travelled as a child passport holder of BOTH nationalities/passports, I had to present both?

would USA customs ask me for BOTH passports? When I apply for a visa, it DOES NOT ask for BOTH nationalities, ONLY the passport of residency, where you live, yet NOT for DUAL NATIONAL CITIZENS! this irks me & confuses me so much!

the ESTAs DO NOT help when you are dual national. Only USA/UK dual national. I hope some body has some advice on this. thanks :)

[Ash4uk]

Following on from this thread about entering the UK as a British citizen using a foreign passport I understand and accept the paragraph ROA5 on the UKBA website, as linked to above.

I have a real, upcoming situation to deal with and wonder if anyone can shed some light?

My son (age 6) has dual nationality (British and Chinese) that is traveling to China in order to renounce their citizenship, and that the following facts apply:

He:

1. Currently lives permanently in the UK.
2. Has both a British and a Chinese passport.
2. Is not eligible for the issue of a Chinese travel visa in his UK passport (British citizenship not recognized). [British visa in Chinese passport no longer valid, and replaced by new British passport (since he can't have both)].
3. Has been issued a Chinese Single Entry/Exit permit instead, and as a result his Chinese passport has just been cancelled (since he can't have both).
4. Will travel to China using this permit.
5. Will renounce his Chinese citizenship in China.
6. Will be issued with a second Single Entry/Exit permit in order to legally leave China to return to the UK.
7. At the point of leaving China territory he will effectively then only have British nationality.

Important Note:

My son's Chinese passport/Single Entry/Exit permit bears his Chinese name (from their Chinese birth certificate). His British passport bears his English name (from their British birth certificate).

As one person with two names, will his identity be questioned at the point of entering the UK at Heathrow airport Immigration Inspection?

Based on the above specific circumstances, and under the ROA5 wording, as defined on the UKBA website, will my son be able to enter the UK as a British citizen?

[Jambo]

He will have no issues entering. They will scan his bio page. They will not even flip the pages. They don't care about visa/stamp in the passort.

[Ash4uk]

He will have no issues entering. They will scan his bio page. They will not even flip the pages. They don't care about visa/stamp in the passort.

Thank you very much for taking the time to reply so quickly. That's a relief! Had it in my mind that this was potentially complicated.

Thanks again.