The problem has been highlighted by Mike Thompson, a British businessman who emigrated to New Zealand 26 years ago and built a new life with his wife and three children.
He is planning to return to the UK with his wife next May, by which time his British passport will have expired.
Previously, he could arrive with his New Zealand passport and simply show his expired British one as proof he is a citizen with “right of abode” in the UK.
Although technically barred from using ETA, Thompson said he was aware of “thousands” of dual-national Britons who were applying through the system rather than renewing their passports.
‘A slippery slope’
The Leicester-born businessman said there was a risk that airlines could ban expats seeking to return to the UK in such a way, meaning he had no alternative but to spend up to £250 to renew his and his wife’s British passports.
He claimed it was a breach of the 1971 Immigration Act, which says British citizens should be allowed to enter the country “without let or hindrance”.
“They are going beyond the terms of the Immigration Act of 1971, which is a slippery slope,” he said.
The issues for expats have emerged just a day after the British Government announced that, from February 25, 2026, visitors from 85 countries including the United States, Canada, New Zealand and France will no longer be allowed to enter the UK legally without an ETA.
Travellers have to submit biographic, biometric and contact details and answer questions about their plans before being automatically checked against watch lists and criminal databases.
Mike Tapp, the UK Minister for Migration and citizenship, said ETA gave authorities “greater power to stop those who pose a threat from setting foot in the country”, while improving insight into migration flows.
There are no figures for the number of expats who have expired UK passports.
However, estimates suggest there are around 10 million people with out-of-date passports, with a further four million set to expire this year.
A Home Office spokesman said: “British and Irish citizens, including dual nationals, do not need an ETA and should travel on a valid British passport, or another passport with a Certificate of Entitlement to the right of abode, to avoid issues from February 25, 2026.”
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