New UK entry rules from 25 February 2026: guidance for British nationals by descent and expat families

"My passport has expired, my children only hold Australian passports, and we're flying to the UK next month. Are we going to be turned away at the airport?"

This is a question we are increasingly hearing from concerned clients. For some families, the answer depends entirely on whether the correct steps are taken before travelling.

If you are unsure how the new rules apply to you or your children, contact Sanae Sahebjalal and our immigration team for tailored legal advice.

The change affecting British expat families

From 25 February 2026, the UK Government introduced significant changes to border entry procedures. Airlines and ferry operators are now legally required to carry out pre-departure digital checks on every passenger travelling to the UK. These checks verify that each traveller has valid permission to travel.

One critical detail is catching many dual nationals off guard:

If you hold British citizenship — even as a dual national — you cannot obtain an ETA. If you cannot prove your British citizenship at boarding, you may be refused travel.

The only two documents accepted as proof of permission to travel to the UK for a British citizen are:

• A valid British passport.
• A valid foreign passport endorsed with a Certificate of Entitlement to the Right of Abode (£589).

An ETA linked to an Australian, Canadian, American, Singaporean or other foreign passport is no longer valid for a dual British national.

While this affects all dual nationals, a particularly misunderstood group faces additional complexity — British nationals by descent and the families of British expats living abroad.

Who is British by descent and why it matters

Under the British Nationality Act 1981, there are different categories of British citizenship. The key distinction here is:

• British citizen otherwise than by descent — typically someone born in the United Kingdom to a British parent or who has naturalised as British.
• British citizen by descent — someone born outside the UK who acquired British citizenship through a British parent.

Although this distinction can appear technical, it has practical consequences under the new travel rules, particularly for children born overseas.

The overlooked risk for children born abroad

If you are British other than by descent, meaning you were born in the UK, your children born abroad are automatically British by descent. That is the case even if they have never been registered with the UK authorities and have never held a British passport.

Many families assume that if a child has only ever held an Australian, American, Singaporean or Canadian passport, they can continue travelling on that passport with an ETA. Under the new rules, that assumption can be incorrect.

A child who is legally a British citizen cannot rely on an ETA. Without a British passport or Certificate of Entitlement, boarding may be refused.

Families are discovering this only weeks before travel, leading to urgent passport applications and significant stress. British citizenship exists as a matter of law, not simply by possession of a passport.

Why expat families are particularly exposed

British nationals living overseas are more likely to:

• Allow their British passport to expire because they use their local passport for daily life.
• Never obtain British passports for children born and raised abroad.
• Apply for ETAs without realising their child may already be British by descent.
• Assume that being British “by blood” is sufficient without documentary proof.

Under the new entry checks, documentary evidence is essential.

Even long-term residence outside the UK, or children who have never lived in Britain, does not alter British citizenship status where it exists.

How our solicitors can assist

Our immigration and nationality law team advises British nationals by descent, dual nationals and expat families on the practical implications of British citizenship.

We can assist with:

• Citizenship status assessments, confirming whether you or your children are British and in what capacity.
• Children’s nationality applications, including registration where required.
• British passport application support, including complex multi-generational cases.
• Certificate of Entitlement applications where urgent travel cannot wait.
• Emergency passport assistance for imminent travel difficulties.
• Nationality planning for expat families seeking to preserve British citizenship across generations.
• Advice and representation in denied boarding or right of abode disputes.

Planning ahead under the new rules

The rules are already in force, and airlines are applying pre-departure checks.

A British passport application from overseas can take up to 10 weeks. A Certificate of Entitlement application may also take several weeks. Where travel is planned in the near future, early advice is critical.

Your right of abode has not changed. The requirement to evidence it clearly at the point of boarding has.

If you are unsure whether you or your children may be British by descent, seek advice before travelling. Early clarification can prevent disruption and unnecessary cost.

This article is for general informational purposes only and does not constitute legal advice. Each individual’s circumstances are unique, and independent legal advice should be obtained.