UK ETAs and dual British nationals: what has changed in practice?

The UK’s Electronic Travel Authorisation (“ETA”) scheme is now a significant part of the UK’s border system. For many travellers, the concept is straightforward: if they are a non-visa national travelling to the UK for a short visit, they may need to obtain an ETA before departure. For people who hold British citizenship and another nationality, however, the position is less intuitive.

The legal position has not changed: British citizens do not need an ETA and continue to enjoy the right of abode in the UK. The practical position, however, has become more important. Since carrier checks are now enforced before departure, dual British citizens who travel on only their non-British passport may encounter serious difficulty boarding a flight or other transport to the UK.

What is an ETA?

An ETA is a digital permission to travel to the UK. It is not a visa and it does not itself grant leave to enter. Instead, it operates as a pre-travel authorisation linked electronically to the passport used in the application.

It is generally relevant to non-visa nationals travelling to the UK for short-term purposes such as tourism, family visits, certain business activities, short study and, in some cases, transit. The ETA scheme is aimed at nationalities who previously did not need to obtain a visit visa in advance, including nationals of countries such as the United States, Canada, Australia, New Zealand, Japan and many EU/EEA states.

A traveller who already holds UK immigration permission, such as a visa, indefinite leave to remain, settled status or pre-settled status, will not generally need an ETA.

Who does not need an ETA?

British citizens and Irish citizens are exempt from the ETA requirement.

That point is critical. A person who is a British citizen, even if they also hold another nationality, is not someone who should apply for an ETA. The Home Office position reflected in the available guidance is that British citizens, including dual nationals, cannot properly be granted an ETA because their entitlement to enter the UK derives from citizenship and the right of abode, not from immigration permission.

Why does the ETA scheme matter for dual British citizens?

This is where the distinction between legal status and travel logistics matters.

A British citizen’s right to enter the UK has not been removed or reduced. The ETA scheme does not alter British citizenship. However, carrier checks may now take place before travel. Airlines and other carriers are expected to confirm that a passenger either has permission to travel, has another recognised status, or falls within an exemption.

If a dual British citizen presents only a non-British passport from an ETA-eligible country, the carrier’s system may treat that person as someone who needs an ETA. But because British citizens are not eligible for an ETA, that person may find themselves in an awkward position: exempt in law, but unable in practice to satisfy the carrier’s boarding process.

The immediate risk is therefore often not refusal at the UK border, but refusal of boarding overseas.

Is a British citizen legally required to travel on a British passport?

There is an important distinction here. There is no simple rule that every British citizen must always travel on a British passport. However, where a person wishes to rely on British citizenship and the right of abode to travel to the UK without an ETA, they must be able to prove that status in an accepted way.

In practice, that makes the travel document used extremely important.

Primary legislation provides that a person claiming the right of abode must prove it by producing one of the following:

• a UK passport describing them as a British citizen;
• a UK passport describing them as a British subject with the right of abode; or
• a Certificate of Entitlement to the Right of Abode in another passport.

Although the legal right itself remains intact, proof of that right is now central to whether travel can proceed smoothly.

Can a dual British citizen apply for an ETA using their other passport?

No, not in the ordinary course.

That is the point many travellers may miss. Someone who is both British and, for example, an EU national may think they can simply apply for an ETA on their non-British passport. The reported Home Office position is that they cannot do so, because British citizens are not eligible for ETA-based permission.

This creates the practical difficulty: if they cannot obtain an ETA and do not travel with acceptable evidence of British status, boarding problems may arise.

What document should a dual British citizen use?

The safest and most straightforward option is a valid British passport.

That is likely to be the clearest and least problematic evidence both for the carrier and at the UK border. If a dual British citizen intends to travel to the UK, a valid British passport should generally be treated as essential unless an alternative accepted document is available.

Recognised alternatives include:

• a non-UK passport containing a valid Certificate of Entitlement to the Right of Abode;
• in urgent cases, an emergency travel document where available; and
• for British-Irish dual nationals, a valid Irish passport.

By contrast, a British citizenship certificate or naturalisation certificate should not be relied upon as a travel document. It may prove status in another context, but it is not, by itself, sufficient for normal boarding and entry purposes.

What about British-Irish dual nationals?

British-Irish dual nationals are in a different and generally easier position. Irish citizens are also exempt from the ETA regime. As a result, a person who is both British and Irish may continue to travel to the UK using a valid Irish passport.

That is a significant practical exception, but it is specific to Irish citizenship.

What is a Certificate of Entitlement to the Right of Abode?

A Certificate of Entitlement to the Right of Abode is an endorsement placed in a non-UK passport confirming the holder’s right of abode in the UK.

For some dual British citizens, it may provide an alternative route where they do not hold a current British passport and cannot obtain one in time. That said, it is often more expensive and more time-consuming than renewing a British passport, and it is not commonly held alongside a valid British passport.

For most travellers, renewing the British passport is likely to be the simpler solution if time allows.

What about people with EU Settlement Scheme status?

The available material identifies a narrower concession for certain EUSS status holders. It indicates that, where a person has EUSS status and is an EU, EEA or Swiss national, travel may in some cases be possible using the other nationality passport or identity card, provided that the document is correctly linked to the person’s UKVI account.

That is, however, a narrow and record-dependent position. It should not be assumed to solve the problem for all British dual nationals who also have an EU nationality.

Emergency travel documents

In urgent cases, an emergency travel document may be available. Adults and children who have previously held a UK passport issued after 1 January 2006 may apply where urgent travel is needed. Where the person has never previously held a UK passport, an emergency travel document is generally available only in exceptional urgent circumstances, such as urgent medical travel or attendance at the funeral of a close relative.

This is a contingency option rather than a substitute for proper advance planning.

Practical consequences for travellers, families and employers

For individuals, the practical lesson is clear: dual British nationality can create an issue precisely because British citizens are exempt from the ETA scheme. A traveller who appears, from their non-British passport alone, to be an ordinary visa-free visitor may in fact be unable to obtain the ETA that the carrier expects to see.

• Conclusion

The ETA regime does not take away the rights of British citizens. A person who holds British citizenship remains entitled to enter and live in the UK. What has changed is the operational environment in which that right must be demonstrated when travelling.

For dual British citizens, the issue is not usually whether they are allowed to enter the UK in law. The issue is whether they can prove their status in a form that works at check-in and before boarding. In most cases, the practical answer is to ensure that a valid British passport is in place well before travel.

Disclaimer: This blog entry provides general information and should not be considered binding legal advice, as each matter is different. Please, contact us at crt@labrums.co.uk or at 01727 858807.