Dual Nationality And Visa

[oldsailor35]

I am an English born Australian citizen. My British passport has expired, i am visiting UK in august, will i have to get a visa.

[Richard W]

Have you still got your old British passport? In theory it should suffice, but I don't know that the airline will agree. However, as an Australian, why would you need a visa?

[Maestro]

Generally, an expired passport is valid for entry into the issuing country, ie you can leave Australia with your Australian passport, if Australia is where you are at present, and enter the UK with the UK passport, but you would not be able to leave the UK with the expired UK passport. In other words, you would have to get a new UK passport during your stay in the UK.

[Maestro]

If you are not in Australia at present and entered the country of your present abode with your UK passport you will obviously have to leave the country with that same passport, and you should inquire from the airline whether they will let you check in with your expired UK passport.

[Richard W]

Generally, an expired passport is valid for entry into the issuing country, ie you can leave Australia with your Australian passport, if Australia is where you are at present, and enter the UK with the UK passport, but you would not be able to leave the UK with the expired UK passport. In other words, you would have to get a new UK passport during your stay in the UK.

I don't see why oldsailor35 can't use his Australian passport for travel to and from the UK, but present his old UK passport on entering Britain. (I'm assuming the passport shows that he is a British citizen and not some other sort of British national, and that there would be no reason to doubt that it was his passport.) There might be an issue if the 'visit' does not look like a straightforward visit to the airline, e.g. if it looks like a working holiday.

I'm not saying anything about whether there is a problem if he is in Thailand on an expired British passport. Perhaps we need clarification on what country the visa would be for.

[oldsailor35]

Sorry guys, i was a bit vague!

I am living in Thailand on a Non Imm 'O' My English passport expired last september, which i have with me, and i am using my current Aussie passport. No i have no intention of working (ever again) just want to visit my siblings and attend "The Great Working of Steam Engines" near my home village in Dorset. Its been a long time.

[oldsailor35]

Have you still got your old British passport? In theory it should suffice, but I don't know that the airline will agree. However, as an Australian, why would you need a visa?

Funny things happen ! Last time i went was 8 years ago, my baggage was stolen in Amsterdam with my Aussie passport. Brit consul gave me a temp PP after proving that i owned a current English PP which was at my mothers in UK. But i did have difficulty at Luton when a nice gentleman in a Turban decided to tell me that he was fed up with careless Aussie back packers, even though i was not a backpacker. I did'nt bother to tell him that i was frontline in Korea and Malaya. British Army.

[steve187]

do aussie passport holder require a visa for the uk?

[Eff1n2ret]

Section 3(9) of the Immigration Act 1971 says simply:-

(9)A person seeking to enter the United Kingdom and claiming to have the right of abode there shall prove it by means of—

(a)a United Kingdom passport describing him as a British citizen

A UK passport expired as recently as last September should provide adequate proof of right of abode. An airline might well be unhappy to carry someone with an expired passport, but Australians don't require a visa to travel to the UK or to be granted entry as a visitor, so for boarding to travel to the UK it would probably be less hassle to present the Aussie passport.

Edit: - "Right of Abode" means that you don't require any form of leave to enter from an Immigration Officer.

Further edit:- If you're not travelling until August, there's more than enough time to renew your UK passport anyway

Edited March 1, 2013 by Eff1n2ret