New UK border rules for dual nationals are discriminatory against women, campaigners say

British women in Spain and Greece face ‘huge problems’ entering UK because of differing surname rules

New rules requiring British dual nationals to show a UK passport when entering Britain are “discriminatory” against women, campaigners claim.

From 25 February, British dual nationals are required to present a British passport when boarding a plane, ferry or train to the UK, or attach a new document, a “certificate of entitlement”, which costs nearly £600, to their second passport.

Campaigners say it will pose particular problems for some women in Greece and Spain who took out citizenship after Brexit because of British rules requiring names to exactly match on the UK and second passports.

In Greece, women are required to keep their maiden name after marriage to a Greek national, meaning those whose British passports use their husband’s name will fall foul of the name-match rule.

In Spain, Britons married to Spaniards carry two surnames on official ID, the maiden name of their mother and their father’s surname, while in the UK their British passport will only have one surname.

“It is causing huge problems,” said Julia Cross, of the grassroots organisation British in Greece. “Many didn’t know they had to get a second passport but the requirement for name alignment on the two passports is discriminatory and only impacts women.” The body represents 20,000 Britons in Greece, and is part of the umbrella group British in Europe, which campaigned for Britons’ rights after Brexit.

The Home Office said people may be allowed to have mismatched names only in exceptional circumstances.

“Where individuals can provide evidence that they are unable to change their name in their foreign issued documents, the Home Office will exceptionally consider allowing them to use a different name in a Home Office issued document,” its guidance says.

But campaigners said the new rules had not been communicated and were causing confusion and stress to affected women in Spain and Greece.

Cross called on the government to urgently introduce a transition period of “at least three months” to communicate the new rules in a meaningful fashion and enable Britons abroad to make any necessary adjustments.

“I’ve had one woman get in touch who says she feels like she has been ‘banned’ from entering her own country,” said Cross. “I have had another asking if we are now entering a Trumpian environment where they turn against their own citizens.”

A House of Commons briefing paper on the topic published at the end of January points out that Britons have the legal right to enter the country, but the problem may lie with airlines, who risk fines if they allow anyone to board without the correct document.

The UK government’s guidance warns with a black exclamation mark: “You may not be able to board your transport to the UK without a valid document” after 25 February.

Stefanie, a British woman living in Spain for 25 years who naturalised after Brexit, pointed out another problem.

Spain does not recognise dual nationals unless they are born to one Spanish and one foreign parent, and naturalisation candidates are required to “tick” a box renouncing their other nationality as part of the naturalisation process.

But, Stefanie said, many “secretly still hold British passports” but fear if they suddenly produce that at the airport, they could risk losing their Spanish passport because it will expose the fact they have not renounced their British citizenship.

She said: “Even if I could fly out on the Spanish and show the airline I possess a British passport, I was told if the names don’t align, the airline may refuse boarding, which is ridiculous, because British only have one surname and Spanish two.”

The change in rules has come as part of a wider effort to improve immigration data gathering at the border.

From 25 February foreign nationals will have to apply for an “electronic travel authorisation” (ETA) for £16 to enter the country, but the government has said dual nationals cannot use this on their second passport.

Irish passport holders are exempt from the rule.

Gabrielle Mordy, in Australia, who has dual nationality through her father told the Guardian how she had travelled without issue on her Australian passport for years. But she only heard about the rule change in January and pointed out that getting a certificate of entitlement can take up to eight weeks, so is not a contingency for anyone travelling in the next two months.

One woman living in Germany said: “They are treating tourists better than their own citizens. Why can’t we just have an ETA? Why do we have fork out nearly £600 if we can’t get a passport. For a family travelling at Easter that is a lot of money.”

Some names have been changed.