9

I am a UK citizen living abroad with my wife and child who hold foreign passports. My child also holds a UK passport as the dual nationality rules for children in his country of birth are a bit vague - current practice suggests that he is allowed to hold both foreign and UK up to the age of 21, after which he has to select a single nationality as his country of birth does not recognise dual nationality after that age.

When we entered the UK recently (with wife and child using foreign passports) the border official said that due to a rule change earlier this year she could no longer stamp my child's foreign passport because he also held a UK passport. She didn't even ask to see the physical UK passport as it appeared it was visible on her computer. This had not happened on previous visits.

While this is not an issue for staying in the UK, there is a concern that when he goes back to his country of birth the foreign border official may query how he entered the UK without a stamp on their foreign passport, potentially losing his original nationality and separating child from mother because of the dual nationality uncertainty.

  1. Does anyone know of a specific link online to the 'rule change' the border official is referring to?

  2. I am familiar with the suggestion at case 3 of the following link I have two passports/nationalities. How do I use them when I travel? Any other suggestions for future travels?

  • @Crazydre I think this is fairly obvious in the question. Where's the confusion? – MJeffryes Dec 20 '18 at 12:44
  • @MJeffryes Sorry, was tired and didn't read carefully enough – Crazydre Dec 20 '18 at 13:05
  • 1
    Are citizens of the involved country even allowed in the Uk without a visa? (If they’re not dual nationals of course) – jcaron Dec 20 '18 at 13:17
  • Thanks for the comments. The foreign passports are Malaysian, so I don't think the Schengen suggestion helps in the current circumstances. We'll just have to hope that the Malaysian authorities are ok. – Banjo Dec 23 '18 at 16:02
  • @Banjo That's wrong! It will work because Malaysians don't need visas for Schengen – Crazydre Dec 23 '18 at 16:21
5
  1. It's an internal Border Force directive, which, to my understanding, was implemented in late spring 2018.
  2. Since Malaysians are visa-free for Schengen, the suggestion in case 3 would be your best bet, with a modification:

In both directions, connect in a Schengen country (or Croatia, Romania, Bulgaria or Cyprus), which don't stamp UK passports as UK citizens cannot overstay there.

On the outbound trip, your child should deliberately clear entry immigration in the Schengen country with the Malaysian passport (getting an entry stamp) and then "re-exit" with the UK passport.

Then on the return trip, enter the Schengen country (can be a different one) using the UK passport, then "re-exit" with the Malaysian one (your child will have an entry stamp and so not face any issues).

This is so that it will appear to Malaysia that your child has been in the Schengen Area ever since departing Malaysia (by following the posted suggestion, there will be a gap in dates)

  • 1
    Of course, the border guard for the other country may question why the family has suddenly started traveling to this third country. If they have knowledge of OP's nationality, they may put two and two together. If questioned about where they have traveled, they can tell the truth and then the guard will be aware of the missing stamps, or lie and risk some worse penalty. – MJeffryes Dec 20 '18 at 13:10
  • 2
    @MJeffryes Exactly; they have to break the law in some way since the whole situation is illegal; however all we can do is advise how to get away with it – Crazydre Dec 20 '18 at 13:16
  • +1 for creativity. I have no problem breaking unjust laws. Lex iniusta non est lex - St. Augustine of Hippo – user 56513 Dec 20 '18 at 13:36
  • @Crazydre Yes, I have no moral problem with the answer, but there's still an element of risk. – MJeffryes Dec 20 '18 at 14:12
  • @MJeffryes Do you have any safer option in mind? – Crazydre Dec 20 '18 at 14:50

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.