UK ETA: What happens to dual nationals who do not follow rules

New travel rules for British dual nationals returning to the UK have led to questions over consequences for citizens who do not follow the rules correctly. 

Tougher rules for the UK’s Electronic Travel Authorisation (ETA), an online authorisation to enter the country, were introduced in February 2026. 

Prior to the updated rules, some leniency was given over travellers’ documentation, but this is no longer the case. 

Travel companies are being asked to check that passengers bound for the UK are eligible to enter prior to boarding, by holding a valid UK or Irish passport, a UK ‘certificate of entitlement’, a valid visa or residency status or an eligible foreign passport with ETA authorisation. 

The latter applies to citizens of countries, such as France, able to make short visits to the UK without a visa. 

However, the rules state that dual nationals (with UK/Irish citizenship and another citizenship) can no longer enter the country on their non-UK/non-Irish passports. 

They must travel with a valid passport from the UK or Republic of Ireland, or with a certificate of entitlement proving their right to reside in the UK linked to their third-nation passport. The certificate costs £589 and is attached digitally to the foreign passport.

The new rules led to a flurry of passport applications from dual nationals whose UK passport had expired.

The rules have also led some to question the consequences of travelling in error, either unknowingly or intentionally.

Legal grey area

The first thing to note is that if you turn up to travel without a valid document, you may be turned away by the travel provider. 

Anyone attempting to board a flight, ferry, etc, with a non-UK/non-Irish passport that does not have ETA authorisation or another valid visa attached will be refused boarding, even if they have a ticket for the journey. 

The UK government has stated that some travel providers may accept expired UK passports issued in 1989 or later as proof of citizenship, alongside a passport eligible for an ETA (French, Australian, American, etc). 

However the Home Office states this is ‘temporary guidance’ and that the travel provider is not obliged to accept these documents. 

In addition those attempting to enter the UK this way may still face issues at UK border security. 

While The Connexion understands they will probably not be forced to get on a return flight, they could face extra questions and checks. 

Some dual nationals have therefore queried whether they should apply for an ETA on their third-nation passport, despite the updated rules.

When applying for an ETA, applicants must state if they have another nationality, as The Connexion highlights in an article on the updated rules. 

According to a House of Commons Library briefing paper, it was initially possible to obtain an ETA, given British or Irish nationality as another nationality held. 

The system was then changed so that applicants cannot select ‘British’ or ‘Irish’ as another nationality during the application process, making it impossible for dual citizens to truthfully apply for an ETA. 

In theory, it would, however, be possible to lie on this application and not disclose that you are a dual citizen.

UK Home Office officials told The Connexion they are aware of reports of some dual nationals incorrectly submitting ETA applications.

“Dual British nationals are exempt from the ETA requirement. They are not eligible for an electronic travel authorisation, and should not apply for one,” said the Home Office in an official response to queries about this.

In a recent letter to groups representing Britons in the EU and EU citizens in the UK, a Home Office official that stated no form of immigration permission can be granted to a British person, under the Immigration Act 1971, and that allowing British nationals officially to apply for an ETA or anything resembling one, would “risk blurring the clear legal distinction and could create confusion about the status of British citizenship at the border”.

The official repeated the information that as a “short term” measure, some carriers may allow use of expired passports. 

She also acknowledged that some families may have complex circumstances, saying there will be “a compassionate and pragmatic approach to travellers who experience genuine difficulty while this process settles”.

The letter also stated there are ‘no penalties” for Britons who do travel on an ETA incorrectly. 

“The intention of the ETA scheme is not to penalise people who unwittingly travel without the correct permission, or with a permission to which they are not legally entitled. It is about securing the UK border,” the official said.

She added that provisions of the Immigration Act 1971 mean that an offence of ‘obtaining an ETA by deception’ cannot apply to British nationals. 

The Connexion understands that, essentially, British citizens cannot be sanctioned under UK immigration laws (unless aiding a non-Briton to enter the UK illegally), as these apply specifically to non-Britons, not Britons - who have a legal right to enter the country of their nationality. 

Therefore the position appears to be that the UK government asks that people do not bend the rules by applying for an ETA - and doing so is incorrect under UK law.