garykung

While I won't argue there is an explicit statute for that, I will argue that the IO is not totally wrong, i.e. it cab still be illegal not to enter the U.K. by British and/or Irish passports if you have one.

1. The only way to exercise your right to abode (including unrestricted right to enter/leave the U.K.) is to use either a British Citizen Passport or any passports with the certificate of entitlement. If you use neither, you will be subject to immigration control, then the IO can in fact deny your entry to the U.K. based on the uncertainty you will follow immigration law.

2. Any British Passports and/or certificates of entitlement are not your personal properties, but the HM Government instead. The IO is within its rights to request any holders to surrender that.

While I respect people's choice to use whatever passports they see fit to enter countries, the reality remains unchanged that you face the least problems when you use a proper passport. IME - even I am subject to immigration control, I was not asked any questions when I entered the U.K./Ireland using my BN(O) Passport. Furthermore, I was in fact admitted by Ireland without immigration restrictions (i.e. right to abode) even I was not entitled for one. What makes this even funny was I was asked more questions by U.S. CBP when I returned back to the U.S. via DUB preclearance using a U.S. Passport.

LondonElite

Regardless of the nuances (and, as I have said above, there is the practical matter of entering the UK on your UK or RoI passport), once UK citizenship has been established, no immigration officer can refuse you entry into the UK. They can take you away for questioning, etc, but at the end of the day you cannot be prevented from entering the UK. And yes, you can have your passport taken away, but unless there are other reasons for not being issued a passport, it is your fundamental right to have one.

UKtravelbear

No it's not. You have no right to have one at all.

The decision on whether you can have a passport or not lies ultimately with the Home Secretary

Statement of the Home Secretary which includes several grounds for withdrawal of an existing passport or denying the issue of a UK Passport.

LondonElite

Yes, and if you read the whole document, and the relevant guidance, it is clear that refusal is based on a range of nefarious activities. Otherwise I do not believe the refusal to grant a passport can stand up.

garykung

While yes, how can you establish one at the border will be the question.

(Note - the IO has no obligation to establish your identity for you.)

I believe this will clear up the issue that it is not a fundamental right, but discretion to have a British/Commonwealth passport.

XH & AIt, R (On the Application Of) v Secretary of State for the Home Department [2016] EWHC 1898 (Admin) (28 July 2016)

Calchas

There is no statute requiring a British passport holder to present his British passport on demand, assuming he has one. Given the reams of legislation regarding borders and immigration, one might expect Parliament to spell it out if they felt it a useful exercise.

Sweeping statements (paraphrasing) such as “it’s always easier to use a UK passport” are not very helpful either. Many people have very good reasons for not travelling on a UK passport. I have a friend who would lose his US security clearance and job if he ever did. For some people getting two UK passports (to enable travel on one while the other is at an embassy waiting a visa) is not easy.

bensyd

Aren't you merely exercising your right to be free from immigration control?

garykung

At the same time - there is no statute for the issuance of a passport by the HM Government.

(Note - Passport is issued in the name of the Sovereign under Royal Prerogative. Hence, no statute.)

Your friend could still apply for a certificate of entitlement.

Immigration control means you are not subject to any limitations by the immigration law. Still a person will need to establish his/her identity as a British Citizen in order to be free.

FWIW - the word "free" does not always mean literally. Also - I did not say it is free from immigration control.

rioonce

entered uk on south american country passport due to eua passport had expired.

now renewed eua passport

what is the next step with immigration authorities ?

LondonElite

What is a 'eua' passport? Do you mean a EU passport? Which country?

There is no 'next step' with immigration authorities as you are a citizen of the EU and can freely enter the UK. Since there is no consistent monitoring of people leaving the UK, there is no formal way to track an overstay of your South American entry rights, this might get picked up at some point in the future if you show that passport again.