New passport rules for dual citizens

[TheMagpieRobin]

I've seen quite a few stories about how dual citizens must now enter the UK on their British rather than foreign passport.

My kids are technically dual citizens as I am British and they can inherit British citizenship through me. Their dad is from another country and the children were born in that country, we live there and they have passports from that country. We've never bothered applying for British passports for them as there didn't seem to be a need. We don't have any plans to live in the UK or spend longer than a couple of weeks visiting.

I'm quite unsure whether the rule changes apply to them. I suspect the rules do apply and we'd need to get them British passports before we visit again but it's a bit ambiguous because we haven't "claimed" British citizenship for them. At the moment they are just Thai and if we wanted to apply for their British passport we'd have to send off a load of documents and pay a fair chunk of money. I'm not overly worried right now as we got their ETAs before the rule change and those are valid for another year or two and should be enough for them to enter??

Bit niche but I was wondering if anyone has a concrete answer for this based on their own experience?

I think it would be much be simpler if the 'multiple citizenship' didn't exist.

(But maybe that's because I'm not eligible!)

A lot of people are from two countries spending significant time in each country. I’m certainly sad I had no way to stay an EEA national at Brexit and very happy for those who could.

Not allowing dual citizenship makes life more difficult in some ways. My parents are British now but from India. India doesn’t have dual citizenship but have had to create a separate scheme because for example generally only Indians can own property so my father would not have been able to inherit from my grandparents.

@Feelblue 'only Indians can own property...',

I believe it is the same in Thailand.

If that were the case in the UK I think it would be deemed as being racist.

(But I don't mean to derail this thread)

Yes, it applies to them. Your kids are automatically British citizens.

You might get away with it, but I wouldn't want to risk getting turned away.

The rule change is because of ETA, as anyone entering the UK on a foreign passport needs to show either proof of settlement (ILR,Settled Status), a visa, or ETA. If they have ETA they should be ok.

Are they actually British citizens or eligible for citizenship? This whole situation started because (dual) British citizens can’t apply for ETA even if they only have a foreign passport.

As far as I know, if the OP is British (not claimed by descent), then her children are automatically British citizens. They should not enter on an ETA anymore, but they may get away with it.

It was a frustrating process when I had to apply for my DDs British passport, when the rules changed and she couldn't enter on her US passport.

Yes it applies to them. I’m in Australia and will have to get my two passports before we venture back. We previously entered on their Irish ones but I wouldn’t risk it now.

I was asking because one of the early questions on the ETA application is whether you are a British citizen, in which case you obviously can’t continue with the application. But maybe they’ve changed the form and that wasn’t the case early on.

There’s also the option for a dual British citizen to get a certificate of entitlement on a foreign passport, but it’s much more expensive than getting a British passport.

@TwoLeftSocksWithHoles that would make life very difficult for us! I can see in the future when the kids are older that we'll split our time more evenly. Fine for me and DH (although he would never spend a significant amount of time in the UK because of the tax system) but the kids would find it hard without dual citizenship. The UK is so so generous to foreigners. Our country isn't actually Thailand (I just picked a random one) but where we are foreigners can't get free treatment at the government hospitals, there's no route to get indefinite leave to remain unless you're married to a local, can't benefit from any government subsidies or benefits, have to pay extra taxes for some things. If you're on a certain visa you can't bring your family over etc. The UK is way too lenient imo.

@Caffeinepleasenow that's the thing I struggle with though because I don't see that they are automatically British? They are "Thai" (why do I feel so weird about saying where we actually are it's like the Mumsnet "hobby" 😂), we don't want them treated any differently to any Thai person visiting the UK for a holiday. I mean technically they are entitled to apply for British citizenship but we haven't done that, haven't registered their birth with the embassy or anything.

@Disappointedlama thanks, I figured it was related to the ETA. I need to look again at the application criteria for that.

just come to UK by boat. no paperwork needed and straight in, no checks

Yes it applies to them and I think you would potentially have issues you entering UK on your UK passport and them on Thai and ETA.

I’ve just paid for my Thai niece and nephew’s UK passports through an agency so they can come here. Spent ages on the phone yesterday as the passport office have entered their applications under my Brother’s middle names, don’t know which application is for which child and nothing we entered got into the system. My brother’s renewal application can’t be accessed online either though passport staff can access it and just needed lost passport reference. That was given to agency so no idea why they didn’t have it.

Woken to a copy of application forms brother got from agency and they appear to have written on cover sheet paternal Grandparents German so no doubt that is going to create loads of issues too. My Dad was English and I sent photos of his birth certificate to accompany the application, it’s just he married in Germany.

Brother wasn’t able to ring passport office, they are unable to ring any overseas number so I had passport office on my phone loudspeaker and brother on WhatsApp on loudspeaker for about 45 mins. Sorry, a lot not relevant, but I would get them when you don’t need them. We are under huge time pressure as brother’s business failed, he has no money and is coming home with the kids to live with me and bringing the kids. He can’t come until the passports are sorted and after yesterday I have a horrible feeling we are at the beginning of a nightmare with the children’s passports.

I think I'm just ranting about this really cause the answer is pretty unequivocal! It just feels unfair that a check in agent can look at my passport and look at the kids and say "they're British" but then we have to go through such a process to actually get that citizenship/passport. Why can't we just go to the embassy, show them my passport and have them say "they're British" and get the passport?!

What a narrow minded view!

@Seaitoverthere that sounds like a stressful nightmare (although I'm sure it will be lovely to get to see your niece and nephew more often). You are right, I should do this now while we're under no time pressure. I hope you get everything sorted ok in the end!

Are you British by birth or descent? If the former then your kids are British by descent having been born outside the uk (as are mine) and will need to get British passports. If you are British by descent your kids do not have British citizenship.

Yes, It applies to them because you are British though you don't live in this country. My son is British, but has lived in Canada for the past 20 years with his Canadian wife. They have two Canadian children with Canadian passports. But they now also have to have British passports as they are classed as duel citizens due to my son being British.

I really do get the point, the UK immigration system feels so unfairly weighted against people like me that it's hard not to be resentful. My husband is well educated (in the UK), productive member of society, loving father/husband to his supposedly British children and his British wife but if we wanted to (legally) move back to the UK we would have to do it without him as he wouldn't be eligible to apply for a visa while I'm outside the UK. So I'd have to go with all the children and somehow work at a job that has a high enough income to sponsor him after I've been out of work/out of the country for ten years. It's just never going to happen.

Your kids are automatically British citizens, and what will flag this to immigration is that you are British.

You need to get the passports.

TBH you should have them anyway - it seems very odd to me to not set your kids up with the correct legal documentation.

Because life is never that bloody simple 😁 I’m a dual citizen too and don’t get me started on the issues I am having with my other passport. My brother entered Thailand on his other passport and was planning to come back to UK on that but obviously now can’t due to the change.

For the sake of your blood pressure accept it is what it is, they and British because of you and get the applications sorted now whilst no pressure. I haven’t actually met my niece and nephew yet. Think niece may be staying with her Mum but nephew definitely coming with my Brother and we now have time pressure of wanting him to start secondary school in September with rest of the year 7s plus brother has work sorted here .

"I mean technically they are entitled to apply for British citizenship but we haven't done that, haven't registered their birth with the embassy or anything."

They're not entitled to apply for British citizenship. They already are British citizens.

Well because that's not how getting a passport works. Everyone has to apply for one and provide documents that prove they're British.

Arghhh. This is such a pain in the arse.

My DD has had to get a BP. The application seemed relatively straight forward until it wasn't. We have had to spend hundreds of dollars on additional paperwork to be couriered. It would be great if they could or would accept digital documents, the fact that it all has to be printed and posted is so outdated and bloody time consuming.

Pretty sure that was tongue in cheek

It’s always been the same? If you don’t use your British passport to get into the uk then you will need a visa

It’s to make sure that they are legitimate and legal documents as it’s very easy to fake digital ones? It’s actually for your own protection