Immigration Corner | Can a British citizen be denied a passport?

Dear Mr Bassie,

I would like to know whether there are any circumstances under which a British citizen might be refused a British passport. Any assistance would be greatly appreciated.

– M.M.

Dear M.M.,

With British citizenship, persons can get a United Kingdom passport, and they can live and work in the United Kingdom free of any immigration controls.

With respect to British passport eligibility, persons can apply for a British passport if they have British nationality. However, there are some circumstances where a person’s application can be refused or their existing passport can be retained.

While persons must have British nationality to apply for or hold a British passport, having British nationality does not guarantee a person a passport. For example, some persons may apply for a new passport and not be granted one or their existing passport may be taken from them. The circumstances under which this may occur are if:

• A person is suspected of a serious crime and an arrest warrant has been issued.

• A court order stops a person having a United Kingdom passport or restricts a person’s travel.

• A person is on bail and bail conditions mean that he/she cannot leave the United Kingdom.

• A person has been brought back to the United Kingdom at the government’s expense and he/she has not repaid what is owed.

• A person has received a European Union or United Nations order that restricts their travel.

A passport can also be cancelled or not renewed if it belongs to a child and there is a court order in place stopping the child from leaving the United Kingdom.

It is important to note that persons’ eligibility and entitlement to a British passport will be considered when they apply. Persons should also be aware that passports belong to the government and can be cancelled or withdrawn at any time.

Persons should be aware that they might be a British citizen depending on where and when they were born and their parents’ circumstances at the time of their birth. Persons should check whether they are British citizens if they are not sure as persons do not necessarily get British citizenship if they were born in the United Kingdom.

Just for completeness, please note that if a person is not a British citizen, he/she might still be able to apply to register as a British citizen. For example, if he/she may be eligible for another type of British nationality. Also, a person may be eligible to become a British citizen by ‘naturalisation’, for example, after settling in the United Kingdom.

All the best.

John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court appointed mediator, a fellow of the Chartered Institute of Arbitrators, a chartered arbitrator, and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com