Stephen Gallagher
06-29-2003, 09:15 AM
> If you are a dual British/U.S. Citizen, and/or have information pertaining to this, I'd appreciate your advice: What's the best way to travel between the two countries, regarding which passport you use? E.g. If I travel from the U.S. to the U.K., do I travel with my British passport (give my British passport to the airline at the U.S. airport upon departure, and the same British passport to the British immigration upon arrival in the U.K.)? When I return from the U.K., do I do the reverse, and use my U.S. passport only?
It depends on to whom you are presenting the passport
and for what reason. The US requires that you enter the US
on a US passport, and you must also have a US passport in your
possession when you leave the US (for points outside North,Central
or South America). This means that for US-UK travel, a US passport
for a dual citizen is absolutely necessary. A British passport may be
necessary, and if not necessary it still may be helpful.
The UK, on the other hand, does not absolutely require you to use
a British passport when entering the UK, but you need to have a
passport that allows you to enter the UK for the purpose of your trip.
In other words, if you were only going to the UK for a short vacation,
you could easily use your US passport. If, on the other hand, you
were
going to the UK to live or work, you need your Briitish passport
because
it is the proof that you have the right to live and work in the UK.
If you do want or need to use both passports, then the passport you
present would depend on the purpose for which you are presenting it
and
to whom you are presenting it.
The following is most approximate sequence of passport presenation
on a US-UK-US trip.
Passport Presentation 1) At the airline check-in counter. Showing
your
passport here is for several purposes.
Purpose A: to verify that YOUR name matches the PASSENGER name
in the airline computer. In other words, they want to verify that you
are the person who is supposed to be travelling.
Passport to present: Either passport can prove this.
Purpose B: to verify that you have sufficient documentation to be
admitted to the UK.
Passport to present: Since British citizens hold right of abode in
the UK,
and US citizens are allowed visa free visits to the UK, you could
present either
passport.
But, here's where it gets a bit sticky.
Purpose C: to act on behalf of the BCIS and retrieve the I-94 or I-94W
arrival/departure record issued to most non-US citizens who enter the
United States.
Passport to present: If you show your US passport, then the airline
knows
that they don't need to collect an I-94 or I-94W from you.
If you show your British passport then they will look for an I-94.
If you say you don't have one they'll usually ask if you have a US
permanent resident card, since permanent residents are not issued
I-94s.
They may even want to see it. At this point, you may have to show your
US passport
to prove why you don't need to have an I-94 or a permanent resident
card.
At the same time, the airlines will not deny boarding on the basis of
not
having an I-94. It's hopeful that most US based airline personnel
are trained
enough to know that a passenger can hold more than one passport,
and that they won't freak out if you have to show them both passports.
Purpose D: (I'm not sure if the UK, does this or not) to submit an
electronic list of passengers and their nationalities to the
immigration officials of the destination country.
Passport to present: if Britain does require this it's uncertain if
they would have a negative reaction if they were transmitted
the passport information that was diffferent from the passport
you actually use to enter the UK.
So, at this point, you may have to present both, but I would start
with the passport being used to enter the destination (British), and
be prepared to show my US passport if the I-94 issue arises.
Passport Presentation 2) At the TSA Security Checkpoint.
ie. where you and your hand baggage are x-rayed. Showing your
passport here is for identification. Since only passengers are
allowed
into the gate area, the inspectors want to check that you are the
passenger by matching the name on the boarding pass to your
ID, and to see that YOU are the person whose name is on the
boarding pass. In most US airports you can use any piece
of valid photo ID at this point, not just your passport. A photo
driver's license could even be used.
Passport to present: If you do use a passport then either passport
will
suffice. Since security personnel at airports are now US civil
servants,
then technically it would be better to show your US passport, because
you
need to deal with the US government as a US citizen. But, since their
purpose for asking for ID is simply for identification, it really
doesn't
matter at this point.
Passport Presentation 3) At the top of the jetway. At this point you
are asked to show your passport and boarding pass to airline
personnel. This is for identification to make sure that you are
the passenger and that you have your passport with you.
Passport to present: Either one would work.
Passport Presentation 4) On flights to the UK, I've also seen a
requirement
to also show your passport right at the door of the airplane. This is
for
identification AND to make sure that no passengers come on board
without a passport in their possession.
Passport to present: Either one would work.
Passport presentation 5) At UK Immigration/Passport Control on arrival
in the UK.
This is to prove that you should be admitted to the UK.
Passport to present: It depends on the circumstances of your trip.
Britain does not have an absolute requirement that
a British citizen must use a British passport. But a person will have
trouble
entering the UK if he does not have a passport allowing him to enter
for the stated purpose of his trip. A dual US/British citizen who
lives in the
US, and who is going to the UK for a short vacation, and who doesn't
plan
to work could easily use his US passport and never even mention that
he
is also British. Once admitted he actually even can work, since he is
British,
but he'll have to be able to prove that to any employer.
If, however, he tells UK immigration that he plans to reside, work,
study,
or do any other activity for which US citizens are required to have
special permission, he would have trouble if he doesn't have a British
passport.
Note that the UK will issue a Certificate of Entitlement to Right of
Abode in the UK
into the non British passport of any person who has right of abode in
the UK, so
that is another option if a person does not want to carry both a UK
and British
passport. Right of abode is not the same a British citizenship, but
all
British citizens have right of abode.
So, in the end, which passport a person uses at this point would
depend
on his circumstances. For a visit, the only benefit of using a
British passport
at this time is that passing through immigration would be faster.
That's pretty much it for getting to the UK. Now, on the return
leg....
Passport Presentation 6) At the airline check-in counter. Showing
your
passport here is for several purposes.
Purpose A: to verify that YOUR name matches the PASSENGER name
in the airline computer. In other words, they want to identify you.
Passport to present: Either passport can prove this.
Purpose B: to verify that you have sufficient documentation to be
admitted to the US.
Passport to present: Since US citizens have a right to enter the US,
and British citizens are allowed visa free visits to the US, you could
present either for this purpose, although keep in mind the Brits can
only visit without a visa for up to 90 days. The airline may insist
on a
visa if there is no return ticket or the return is more than 90 days
out.
Also read on.
Purpose C: The airline must forward an electronic list of passengers
and
their nationalities to BCIS while the airplane is enroute.
Passport to present: it's uncertain if the BCIS they would have a
negative
reaction if they were transmitted the passport information that was
diffferent
from the passport you actually use to enter the US. Presenting your
US passport on check-in would eliminate any problems, since US
citizens
MUST use US passports to enter the US, even if they also hold other
citizenships. The airline will not care if, for example, there is no
British
entry stamp in your US passport (because you used your British
passport
to enter).
Passport Presentations 7, 8, & 9) Same as 2, 3 & 4 above
Passport to present: either would do since this is solely for
identification.
Note that using a US driver's license would most likely not work at
security. They would want to see a passport, but either one would do.
To my knowledge, there is no longer any exit immigration controls on
departure from the UK.
Passport Presentation 10) At US immigration & customs. This is to
determine whether or not to admit you to the US.
Passport to present: if you hold US citizenship, even if you hold any
other citizenship, you MUST use your US passport to enter the US.
You should identify yourself on all forms only as a US citizen,
not US & British or as a "dual citizen".
It doesn't matter if you were only entering the US say, for a visit.
Now, in theory, certain US citizens may get away with using a
non-US passport if, for example, they were not born in US,
(birth in the US automatically confers US citizenship) , and
if they were only visiting the US, but it's still against US law to do
so.
In general, the BCIS inspector will not look to see whether you
have any UK immigration stamps in your US passport. But if he
did you could, at that point, mention that you are also a British
citizen and you entered the UK on your British passport. If he
asked to see your British passport then you could show it.
It's not that you're trying to hide the fact that you hold another
citizenship. If you are a US citizen you have a right to enter
the US and the fact that you hold another citizenship is
immaterial to that right. Plus, some people, around the world
take a dim view of dual citizenship, and while it's not prohibited
by the US, if your immigration officer holds a negative opinion of
dual citizenship, then does have the ability to make your entry
as difficult as possible (by detaining you while he verifies
that your US passport is legitimate, by putting you through
a lot of extra questioning, and by recommending that
customs make you empty every piece of luggage.
This is not the norm, but it is possible, so the easiest way is to
simply not mention your non-US citizenship unless asked.
If you're asked then be straightforward and NEVER lie.
I think that I've covered all the times that you would have to present
a
passport, but if I've left something out, please let me know.
People should also note that the above description is geared
specifically to a person with dual US/British citizenship who
lives in the US and who is travelling from the US to the UK
and back, The fact that the US and UK allow visa free visits as well
as
the fact that neither country has any formal exit immigration
checkpoints, play a big part in this description.
Also keep in mind that I'm not a lawyer, or a professional
and that these are simply my opinions.
Stephen Gallagher
It depends on to whom you are presenting the passport
and for what reason. The US requires that you enter the US
on a US passport, and you must also have a US passport in your
possession when you leave the US (for points outside North,Central
or South America). This means that for US-UK travel, a US passport
for a dual citizen is absolutely necessary. A British passport may be
necessary, and if not necessary it still may be helpful.
The UK, on the other hand, does not absolutely require you to use
a British passport when entering the UK, but you need to have a
passport that allows you to enter the UK for the purpose of your trip.
In other words, if you were only going to the UK for a short vacation,
you could easily use your US passport. If, on the other hand, you
were
going to the UK to live or work, you need your Briitish passport
because
it is the proof that you have the right to live and work in the UK.
If you do want or need to use both passports, then the passport you
present would depend on the purpose for which you are presenting it
and
to whom you are presenting it.
The following is most approximate sequence of passport presenation
on a US-UK-US trip.
Passport Presentation 1) At the airline check-in counter. Showing
your
passport here is for several purposes.
Purpose A: to verify that YOUR name matches the PASSENGER name
in the airline computer. In other words, they want to verify that you
are the person who is supposed to be travelling.
Passport to present: Either passport can prove this.
Purpose B: to verify that you have sufficient documentation to be
admitted to the UK.
Passport to present: Since British citizens hold right of abode in
the UK,
and US citizens are allowed visa free visits to the UK, you could
present either
passport.
But, here's where it gets a bit sticky.
Purpose C: to act on behalf of the BCIS and retrieve the I-94 or I-94W
arrival/departure record issued to most non-US citizens who enter the
United States.
Passport to present: If you show your US passport, then the airline
knows
that they don't need to collect an I-94 or I-94W from you.
If you show your British passport then they will look for an I-94.
If you say you don't have one they'll usually ask if you have a US
permanent resident card, since permanent residents are not issued
I-94s.
They may even want to see it. At this point, you may have to show your
US passport
to prove why you don't need to have an I-94 or a permanent resident
card.
At the same time, the airlines will not deny boarding on the basis of
not
having an I-94. It's hopeful that most US based airline personnel
are trained
enough to know that a passenger can hold more than one passport,
and that they won't freak out if you have to show them both passports.
Purpose D: (I'm not sure if the UK, does this or not) to submit an
electronic list of passengers and their nationalities to the
immigration officials of the destination country.
Passport to present: if Britain does require this it's uncertain if
they would have a negative reaction if they were transmitted
the passport information that was diffferent from the passport
you actually use to enter the UK.
So, at this point, you may have to present both, but I would start
with the passport being used to enter the destination (British), and
be prepared to show my US passport if the I-94 issue arises.
Passport Presentation 2) At the TSA Security Checkpoint.
ie. where you and your hand baggage are x-rayed. Showing your
passport here is for identification. Since only passengers are
allowed
into the gate area, the inspectors want to check that you are the
passenger by matching the name on the boarding pass to your
ID, and to see that YOU are the person whose name is on the
boarding pass. In most US airports you can use any piece
of valid photo ID at this point, not just your passport. A photo
driver's license could even be used.
Passport to present: If you do use a passport then either passport
will
suffice. Since security personnel at airports are now US civil
servants,
then technically it would be better to show your US passport, because
you
need to deal with the US government as a US citizen. But, since their
purpose for asking for ID is simply for identification, it really
doesn't
matter at this point.
Passport Presentation 3) At the top of the jetway. At this point you
are asked to show your passport and boarding pass to airline
personnel. This is for identification to make sure that you are
the passenger and that you have your passport with you.
Passport to present: Either one would work.
Passport Presentation 4) On flights to the UK, I've also seen a
requirement
to also show your passport right at the door of the airplane. This is
for
identification AND to make sure that no passengers come on board
without a passport in their possession.
Passport to present: Either one would work.
Passport presentation 5) At UK Immigration/Passport Control on arrival
in the UK.
This is to prove that you should be admitted to the UK.
Passport to present: It depends on the circumstances of your trip.
Britain does not have an absolute requirement that
a British citizen must use a British passport. But a person will have
trouble
entering the UK if he does not have a passport allowing him to enter
for the stated purpose of his trip. A dual US/British citizen who
lives in the
US, and who is going to the UK for a short vacation, and who doesn't
plan
to work could easily use his US passport and never even mention that
he
is also British. Once admitted he actually even can work, since he is
British,
but he'll have to be able to prove that to any employer.
If, however, he tells UK immigration that he plans to reside, work,
study,
or do any other activity for which US citizens are required to have
special permission, he would have trouble if he doesn't have a British
passport.
Note that the UK will issue a Certificate of Entitlement to Right of
Abode in the UK
into the non British passport of any person who has right of abode in
the UK, so
that is another option if a person does not want to carry both a UK
and British
passport. Right of abode is not the same a British citizenship, but
all
British citizens have right of abode.
So, in the end, which passport a person uses at this point would
depend
on his circumstances. For a visit, the only benefit of using a
British passport
at this time is that passing through immigration would be faster.
That's pretty much it for getting to the UK. Now, on the return
leg....
Passport Presentation 6) At the airline check-in counter. Showing
your
passport here is for several purposes.
Purpose A: to verify that YOUR name matches the PASSENGER name
in the airline computer. In other words, they want to identify you.
Passport to present: Either passport can prove this.
Purpose B: to verify that you have sufficient documentation to be
admitted to the US.
Passport to present: Since US citizens have a right to enter the US,
and British citizens are allowed visa free visits to the US, you could
present either for this purpose, although keep in mind the Brits can
only visit without a visa for up to 90 days. The airline may insist
on a
visa if there is no return ticket or the return is more than 90 days
out.
Also read on.
Purpose C: The airline must forward an electronic list of passengers
and
their nationalities to BCIS while the airplane is enroute.
Passport to present: it's uncertain if the BCIS they would have a
negative
reaction if they were transmitted the passport information that was
diffferent
from the passport you actually use to enter the US. Presenting your
US passport on check-in would eliminate any problems, since US
citizens
MUST use US passports to enter the US, even if they also hold other
citizenships. The airline will not care if, for example, there is no
British
entry stamp in your US passport (because you used your British
passport
to enter).
Passport Presentations 7, 8, & 9) Same as 2, 3 & 4 above
Passport to present: either would do since this is solely for
identification.
Note that using a US driver's license would most likely not work at
security. They would want to see a passport, but either one would do.
To my knowledge, there is no longer any exit immigration controls on
departure from the UK.
Passport Presentation 10) At US immigration & customs. This is to
determine whether or not to admit you to the US.
Passport to present: if you hold US citizenship, even if you hold any
other citizenship, you MUST use your US passport to enter the US.
You should identify yourself on all forms only as a US citizen,
not US & British or as a "dual citizen".
It doesn't matter if you were only entering the US say, for a visit.
Now, in theory, certain US citizens may get away with using a
non-US passport if, for example, they were not born in US,
(birth in the US automatically confers US citizenship) , and
if they were only visiting the US, but it's still against US law to do
so.
In general, the BCIS inspector will not look to see whether you
have any UK immigration stamps in your US passport. But if he
did you could, at that point, mention that you are also a British
citizen and you entered the UK on your British passport. If he
asked to see your British passport then you could show it.
It's not that you're trying to hide the fact that you hold another
citizenship. If you are a US citizen you have a right to enter
the US and the fact that you hold another citizenship is
immaterial to that right. Plus, some people, around the world
take a dim view of dual citizenship, and while it's not prohibited
by the US, if your immigration officer holds a negative opinion of
dual citizenship, then does have the ability to make your entry
as difficult as possible (by detaining you while he verifies
that your US passport is legitimate, by putting you through
a lot of extra questioning, and by recommending that
customs make you empty every piece of luggage.
This is not the norm, but it is possible, so the easiest way is to
simply not mention your non-US citizenship unless asked.
If you're asked then be straightforward and NEVER lie.
I think that I've covered all the times that you would have to present
a
passport, but if I've left something out, please let me know.
People should also note that the above description is geared
specifically to a person with dual US/British citizenship who
lives in the US and who is travelling from the US to the UK
and back, The fact that the US and UK allow visa free visits as well
as
the fact that neither country has any formal exit immigration
checkpoints, play a big part in this description.
Also keep in mind that I'm not a lawyer, or a professional
and that these are simply my opinions.
Stephen Gallagher
