CanmoreSally

Hi there,

Just wondering what you guys think of this.

I'm British and moved to Alberta seven years ago. My son moved here with me, he was 14. He was born in England but his father and grandparents are Canadian so he has both British and Canadian citizenship.

His British passport ran out last year and he decided to get a Canadian one as this is where he lives.

We flew into Heathrow a couple of weeks ago and he was stopped at immigration. I had already passed through on my British passport so they kept us seperated. They said that they were suspicious that he has a London accent but was travelling on a Canadian passport. They questioned him and after 20 heart-stopping minutes he was allowed in and joined me. The officer that brought him out said that he has to get a British passport as travelling on a Canadian one "isn't how it works". We were just relieved that he was allowed in and rushed out of there.

Now I've been home a few days I'm just wondering what it was all about. Have we missed something here, and does he need to get another British passport. Has anyone else had a similar experience?

HGerchikov

I am no expert in this, and I am sure someone with more knowledge will come along shortly. But, as far as I know, people with dual nationality are not obliged to maintain both passports. We have never had an issue with whatever passport we use. By that guys reasoning, I should always travel on my UK passport (british accent) my youngest son should always use his Canadian one (Canadian accent) and both my husband and eldest son are completely screwed as son has a mixed Canadian/British accent and hubby has a russian/british/canadian mix to his speech. Makes no sense, provided you carry documentation proving you have the right to be in whichever country you are entering then you should be ok.

Former Lancastrian

I guess the UK Border Office neglected to look at his place of birth on his passport and was unable to figure out that he was born in the UK and therefore might be a UK citizen.
As for this isn't how it works is complete crap. He could also present his birth certificate along with his Canadian passport and politely state he is a UK citizen also with a Canadian passport and has a right of entry without a UK passport.
Having a uk passport will help him out by joining the EU or UK passport holders line but he is not required to hold a UK passport.
Bloody border officers eh.

HGerchikov

Told you someone who knew what they were talking about would be along shortly.

scilly

we've been Canadian citizens since 1974, and have always travelled on a Canadian passport since then. I still have a Lancashire accent even after almost 48 years out of the country. OH sounds Canadian, though he is Cheshire / Welsh.

We have NEVER been stopped at UK immigration ....................


However, , we went down the other line on our first trip back on Canadian passports in 1975, and were told by the Immigration person that we should in future always go down the UK citizen line "as it is faster"

Simon Legree

Same here. Like you I've had a Canadian Passport since 1974. I was also told to use the UK line because it's quicker and my place of birth was in my Passport. I have never had a problem and I did not bother renewing my British Passport when it expired.

Steve_

Yeah, it just sounds like you got someone who was a bit of a dick.

You can show up with zero documentation and they have to let you in if you're a citizen. All they do is quiz you and look you up in various databases. I can think of plenty of people I've chatted to at airport gates who were originally British but were travelling with Canadian passports. Or any number of other countries for that matter.

I have a bit of an American accent so I have been hassled in the past entering the US because of it. But the US requires US citizens to enter on a US passport, so different situation.

scilly

same here .............. we never bothered renewing our British passports.

Our daughter was born here, and has had her own Canadian passport since she was 12 months old

CanmoreSally

Thanks for all of the replies.

I kind of knew that this was wrong information. I mean regardless of anything, my son was a Canadian citizen on a Canadian passport, he had no reason to be told that next time he can't use his Canadian passport.

And yes, the officer was a bit of a prick!

MarylandNed

The IO was wrong. UKC's don't have to enter the UK on a UK passport. I flew into Heathrow from the US last month using my US passport. The IO asked me why I was visiting the UK. I replied that I was visiting family in N. Ireland. He then noticed my place of birth in my US passport and said "Oh you were born here. But why don't you have a British or Irish passport?" I told him that, as a USC, I must leave/enter the US on a US passport so it's the only one I usually carry. He said "Oh right. Enjoy your stay." and he waved me through. I've also visited the UK in the past on a Canadian passport without any issues.

BritInParis

There are two separate issues that are being conflated here so let's break them down.

Firstly we need to dismiss the myth on this forum that if you're a British citizen you cannot be refused entry to the UK even if you do present a valid British passport. An Immigration Officer is well within his or her rights to refuse you entry if they are not satisfied you do not possess the right to be in the UK. This is your Right of Abode in the UK.

All British citizens have Right of Abode in the UK which is a concept that was introduced in the Immigration Act 1971. Section 1 of that Act set out a general principle of ROA as follows:

As you can see a person claiming ROA may be prevented from entering the UK until their right to ROA can be established. The burden of proving that you have ROA in the UK is placed on the person seeking to enter the UK. The Immigration, Asylum and Nationality Act 2006 amended Section 3 of the 1971 Act to define what was acceptable as proof of Right of Abode:

Possession of a British accent, British birth certificate or a foreign passport showing your birth place as somewhere in the UK does not constitute acceptable proof of your ROA. This is particularly true for those born after 1983 as birth in the UK then no longer all-but-guaranteed British citizenship as it had done previously.

The anecdotal evidence given on this thread and elsewhere on BE of times when British citizens have been allowed to enter the UK as British citizens whilst travelling on their Australian/Canadian/United States passport are examples of UK border control exercising their discretion.

Also bear in mind that citizens of all those countries are also non-visa nationals meaning they can enter the UK for up to six months as as a visitor without a visa. If you're only returning to the UK for a few weeks to visit friends and family then an IO is likely to allow you entry as a visitor whether you are claiming British citizenship or not. This wouldn't happen for someone holding, say, a Nigerian passport and claiming ROA as a British citizen.

If you state your intention to remain in the UK permanently and you're travelling on your non-EU/EEA/Swiss passport then you are likely to be stopped and questioned. If you cannot satisfactorily establish your ROA then you could be refused entry to the UK. This is unlikely but not impossible.

What is true is that HMG does not require its citizens to enter and leave the UK on British passports. This is in contrast with countries like the United States or Australia where is mandatory to do so. This does not mean however that British citizens can enter the UK as British citizens on their Australian or US passports.