The UK's Electronic Travel Authorisation (ETA) was expanded to all EU/EFTA nationals from Wednesday, April 2nd. It costs €12 but from April 9th the fee will rise to €19.
From that date, anyone entering the UK needs to request the ETA in advance of travel - with the exception of those travelling on a UK or Irish passport, or those who have residency status or a visa for the UK.
However the situation for British dual nationals has been unclear, with conflicting advice from official sources adding to the confusion.
For dual nationals who are travelling using their UK or Irish passport the situation is clear - they do not need an ETA.
The confusion has arisen for dual nationals who choose to travel on their other passport - either because their UK passport is lost or expired; because they never had a UK passport; or simply because they choose to travel on their other passport (for example, in order to use the same passport queue as their travelling companions).
Many dual national readers have said they intended to travel to the UK on their other passport, for example French or German - and therefore applied for an ETA.
But the ETA application process on the app and website includes being asked to "declare other nationalities" - and at this point they are unable to say they are British. This means that either their application won't go further or they are forced to give misinformation and not say they are British in order to get an ETA.
As many point out, giving misinformation to enter the UK may lead to problems at the border and at worst open up the possibility of being prosecuted.
Garry Jones, a British national who has been living in Sweden since 1988 and doesn't have a British passport told The Local: "We need someone responsible at the Home Office or at one of the 86 British Embassies in the ETA countries to take decisive action.
"If it is okay for us to bypass the dual national declaration and obtain the ETA under false pretences then they should say so. Otherwise they should add the GBR category to the app. Or tell us what do to."
When seeking advice, dual national travellers who have contacted the UK government say they have received inconsistent information. The Local has also been given some conflicting and frequently changing advice, which all adds to the confusion.
On April 2nd as the scheme went live, the UK Home Office initially told The Local: "We recognise that the introduction of the ETA is a substantial change for British dual citizens of ETA eligible nationalities, and they are currently permitted to travel on their non-British passport without an ETA or proof of British nationality while the scheme is being implemented."
But then on April 7th the Home Office's ETA fact sheet changed again as did the advice.
It now reads: "We recognise that the introduction of the ETA is a substantial change for British dual citizens of ETA eligible nationalities. In the current transition period, we do not expect carriers to deny boarding to passengers who cannot produce a valid British passport or certificate of entitlement."
But this change seems to have created more confusion.
UK national Jones said: "Even though they don’t expect carriers to deny boarding if we don’t produce a valid British passport those carriers are demanding proof of the ETA and without it they are denying boarding."
The Home Office also states: "In the future, British dual citizens who do not possess a valid British passport or certificate of entitlement may encounter difficulties at the point of boarding or at the UK border. It is advised that passengers in this position begin to make the necessary arrangements now, to avoid such complications at a later date."
"Necessary arrangements" presumably means ensuring you have a valid UK passport in future. But do all "British citizens", even those who never had a UK passport, including thousands of children born abroad to British nationals, need to make sure they get one?
A reminder that renewing a UK passport from overseas costs £101 (rising to £108 on April 10th) while a Certificate of Entitlement costs an eye-watering £550. Both processes take several weeks and in the case of a Certificate of Entitlement can involve an in-person visit to a visa processing centre.
The Local has asked the Home Office for clarifications but has not received a response.
To highlight the confusion British embassies in European countries were still (as of April 10th) giving out different advice.
The embassy in Paris said: "We recognise that the introduction of the ETA is a substantial change for British dual citizens of ETA eligible nationalities, and they are currently permitted to travel on their non-British passport without an ETA or proof of British nationality while the scheme is being implemented.
"In the future, all dual British citizens will need to present either a valid British passport or certificate of entitlement to avoid delays at the border. We will make it clear when this change will be enforced."
Whilst the British embassy in Stockholm has a similar message to the Home Office fact sheet:
"Currently, the Home Office does not expect carriers to deny boarding to British dual citizens without valid British passports, to allow people time to adjust to the change. But to avoid complications in the future when you travel to the UK, we advise that you take steps now to ensure you have a valid British passport," the message reads.
"No one is giving any clear answers," said another.
"This information just creates even more uncertainty and confusion. It helps nobody," said another angry dual national.
Meanwhile on the British Embassy Paris facebook page there was more angry comments.
"Utter s***show as usual with conflicting advice from different uk agencies and departments!," said one.
"This is getting ridiculous," said another.
The Local first flagged this issue in mid-March after reports from readers who were struggling with the app.
The Home Office told us: "Dual citizens with British or Irish citizenship do not need and should not apply for an ETA.
"Under the Immigration Act 1971, British citizens automatically have the right of abode in the UK and are exempt from immigration control. Section 3(9) of that Act provides for a British Citizen to demonstrate their right of abode by showing their UK passport or other passport containing a certificate of entitlement. They cannot use an expired passport."
Reader Steve told us that he had received advice that was different again - he said: "I was told by Border Force in Newcastle airport back in February to fly in on my Swedish passport and pass through passport control with my expired UK passport along with the Swedish to prove that I am who I say I am."
Other readers of The Local told us they have simply applied for an ETA on their foreign passport and decided not to mention they are a British national. We have not had any reports of dual nationals having problems at the border.
Why can't dual nationals just travel on their other passport and get an ETA?
Dual nationals should, in theory, be able to choose which passport they travel on - on the understanding that if you were using your EU passport then you need an ETA.
However those applying with an EU passport input the details of their passport, plus personal details but then come to a question asking "please list any other nationalities that you hold".
This takes them to a drop-down menu in which British is not listed as an option - the only options under GB are statuses like British Citizen (Overseas) or British Subject; citizenship status that apply only to small groups of people such as those born in Hong Kong. There is no option to declare oneself a British citizen at this stage.
Reader Andy reported: "I have dual citizenship including British, but with an expired British passport and therefore I'm travelling on an ETA with my German passport.
"Applying for the ETA via the app, the list of additional or previous citizenship does not include GBR – which applies to people born in the UK like myself. No time to get a new passport before I travel – so I have simply skipped that question. I’ll take a screenshot of that list along with my expired British passport and my birth certificate just in case!"
Other Brits in Europe reported shelling out for last minute passports to avoid any problems at the border even though legally they didn't need to.
One Briton summed up the legal issue for dual nationals saying on Facebook: "I have never applied for a UK passport whilst holding my other nationality - so I am banking on the fact that I will not be flagged as a dual national. But I am not hugely keen on lying on immigration procedures and potentially being turned away."
Tell us your own experiences
The Local would like to hear from any British dual nationals who have travelled to the UK since the introduction of ETA or who have plans to travel. What were you advised to do? Were there any problems at the border? Please share in the comments section below of email us at news@thelocal.com
Comments (5)