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My EU passport was stolen and I am going on holiday to Thailand from the UK this week. I have dual nationality and a US passport, can I use this to leave and re enter the UK?

  • Do you live permanently in the UK? How long are you going to Thailand for? How long until you travel? – Richard Apr 29 at 13:57
  • Hi Richard, I do live and work permanently in the UK, I’ll be in Thailand for 2 weeks and I’m travelling on Wednesday. Will I be able to leave the country with no issues? Is getting back in going to be the problem? I’ve tried calling many places: Heathrow, immigration, US embassy, Irish embassy and I can get through to anyone or I’m told I’m talking to the wrong person! – Sm1200 Apr 29 at 14:23
  • I would suggest to reach out to the Irish consulate to receive emergency passport or similar. You could visit Thailand with a US passport, but coming back you should identify as EU citizen to avoid issues. – johannes Apr 29 at 15:38
  • @johannes as outlined in my answer, the UK's immigration regulations (and the EU directive on which they are based) explicitly provide that an EU citizen can prove that citizenship by means other than a passport or ID card. – phoog Apr 29 at 18:18
  • @phoog, yes, and a consulate is a good place to ask what options exist while not being in the home country, especially as they typically have all materials to also produce temporary passports, which aren't good to ravel away, (no chip, no 6 month validity etc.) but good enough to go back – johannes Apr 29 at 23:38
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You can certainly do this, but you may have trouble entering the UK at the end of your trip, because you will either have to lie about your intentions in the UK, which is a terrible idea, or convince them through other means that you are an Irish citizen and therefore entitled to enter and reside in the UK.

The specific law that allows you to enter as an Irish citizen without an Irish passport is regulation 11(4) of the Immigration (European Economic Area) Regulations 2016, which says

(4) Before an immigration officer refuses admission to the United Kingdom to a person under this regulation because the person does not produce on arrival a document mentioned in paragraph (1) or (2), the immigration officer must provide every reasonable opportunity for the document to be obtained by, or brought to, the person or allow the person to prove by other means that the person is—

(a) an EEA national;

...

It will help to have a credible explanation of why you do not have your Irish passport with you, so do bring the police report showing that your passport was stolen. You should probably bring as much additional evidence of your Irish citizenship as you can possibly get your hands on before you leave. The police report might be enough, but more evidence can only help.

Also see the related question Immigration officer stamped “Indefinite leave to enter UK” in US passport of EU citizen. How to fix it?, in which a Swedish/US dual national was admitted on the basis of Swedish nationality (albeit with an incorrect stamp) after presenting a US passport; in that case, the traveler didn't even mention the EU nationality until after the officer asked.

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Option 1: If you have entered the EU using US passport than you can also leave the EU using US passport and no one will ask you a question.

Option 2: But in your case you are living permanently in UK (and I think your residency is based on EU passport and you have entered the EU with your Irish passport), you have to file a police complaint about the lost passport (and request the police report if possible). Then you can apply new passport using "Online Passport Renewal Service" or go to the nearest Irish Embassy or Consulate. There you have to wait a minimum of eight working days. But with valid proof of confirmed travel (e.g. airline ticket/email) the application can be processed sooner with additional fee. Get the time slot as soon as possible

Option 3: I have two passports/nationalities. How do I use them when I travel?

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    Ok, then let me rephrase my comment as a statement rather than a question: your option 1 is incorrect. It should read "You can leave the UK using your US passport." There is no need for the conditional "if" clause. – phoog Apr 29 at 14:58
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    Think logically. Yes, he can leave but when he enters then? – sharp Apr 29 at 15:12
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    Speaking of "entering the EU" in this context is at best horribly misleading -- especially since none of the EU member states in question are part of the Schengen area. There are simply no rules that depend on matching up entries to and exits from the EU as such. – Henning Makholm Apr 29 at 15:48
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    @Henning Makholm Source? – sharp Apr 29 at 16:03
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    As support for @HenningMakholm's claim, see for example recital 42 of the Schengen Borders Code and recital 52 of Regulation 2017/2226, establishing the Schengen Entry/Exit System (which is not yet operational). As to the prospects on re-entry, see my answer and the question I linked to there. – phoog Apr 29 at 18:16

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