Expired EU passport, entry UK

[heuro]

Hi,

I live in London. I hold a European Spanish passport that has expired recently. I also have a new UK driver license photo ID
I went to Brussels for a business trip, and now someone has told me that I cannot enter the UK with an expired passport.

Can I enter the UK with the UK drivers license photoID?

[John]

Certainly not! A UK driving licence proves nothing. After all someone could have been living legally in the UK sometime in the past, but that gives them no rights to enter now.

Excuse my ignorance, in Spain you have official Government-issued ID cards? If so you can use that to enter the UK.

But do get your passport renewed as soon as possible.

[heuro]

I noticed that I entered Belgium with the passport expired because my passport was already expired when I traveled!! Nobody at the UK-Belgium border told me anything...

Today I have been told that I can enter European Community countries with an expired passport up to 5 years.

Does this apply to the UK? Any factual official information that proves this?

[Christophe]

I noticed that I entered Belgium with the passport expired because my passport was already expired when I traveled!! Nobody at the UK-Belgium border told me anything...

Today I have been told that I can enter European Community countries with an expired passport up to 5 years.

Does this apply to the UK? Any factual official information that proves this?

Well, I don't know - someone else might. The website of the British Embassy in the Hague - for example - says in answer to an 'FAQ':

Q I have heard that I can travel within the EU with an expired passport. Is this correct?
A No, your passport must be valid for the time you are away


Of course, the passport officer might let you in to the UK with an expired passport, either as a concession or because the fact that the passport has expired is not noticed, but I don't think it's a right. Whether the Schengen area has a different arrangement is of course another question (but the UK is not in the Schengen area). As I say, others may know more...

[heuro]

Q I have heard that I can travel within the EU with an expired passport. Is this correct?
A No, your passport must be valid for the time you are away

A friend of mine just sent me this official documentation that proves the quote above is "wrong".

What about the UK? [/quote]

[heuro]

Sorry I forgot official link that proves it is possible to travel with Expired passport
http://conventions.coe.int/Treaty/EN/Tr ... ml/025.htm

[penanglad]

Sorry I forgot official link that proves it is possible to travel with Expired passport
http://conventions.coe.int/Treaty/EN/Tr ... ml/025.htm

The UK is not on the appendix listing acceptable documents, which leads me to think that it is not a signatory to this convention. You need either a valid passport or ID card.

[jes2jes]

Heuro wrote:

I live in London. I hold a European Spanish passport that has expired recently. I also have a new UK driver license photo ID
I went to Brussels for a business trip, and now someone has told me that I cannot enter the UK with an expired passport.

Sorry I forgot official link that proves it is possible to travel with Expired passport
http://conventions.coe.int/Treaty/EN/Tr ... ml/025.htm

I suggest you put on your reading glasses and read the articles properly before jumping to conclusion. Note the following from the link you provided:

Article 1

Nationals of the Contracting Parties, whatever their country of residence, may enter or leave the territory of another Party by all frontiers on presentation of one of the documents listed in the Appendix to this Agreement, which is an integral part thereof.
The facilities mentioned in paragraph 1 above shall be available only for visits of not more than three months' duration.

Article 6

Each Contracting Party reserves the right to forbid nationals of another Party whom it considers undesirable to enter or stay in its territory.

Article 7

Each Contracting Party reserves the option, on grounds relating to ordre public, security or public health, to delay the entry into force of this Agreement or order the temporary suspension thereof in respect of all or some of the other Parties, except insofar as the provisions of Article 5 are concerned......

Article 13

Any Contracting Party may terminate its own application of the Agreement by giving three months' notice to that effect to the Secretary General of the Council of Europe.

In witness whereof the undersigned, being duly authorised thereto, have signed this Agreement.

Note that, as at this morning, the UK is not a signatory to this agreement. Please don't break the law. Also, even if the UK was signatory to this, your post made mention of you Living in the UK and not visiting so you would be entering by deception which is also against the law. Renew your passport or travel with your National ID card from spain as advised by one of the honourable members.

Respect.

[heuro]

Sorry but your comments seem to be a bit biased What do you mean by "Please don't break the law"????

I crossed two passport controls in order to leave the UK and enter Belgium and nobody (meaning any immigration officer) ever told me that I was breaking the law!!

I just called the Spanish Embassy in London and told me that I can travel back to the UK with an expired passport. I asked twice, they told me that this applies to EU nationals, and since I am a EU national, Schegen does not apply to me. They say what I need is to proof evidence of nationality and that an expired Spanish passport -up to 5 years- is acceptable.

It seems to me there is a lot of confusion here even at official level. I've got now several official sources (immigration officers, embassy and EU law) that have not denied or proved wrong that I can travel with an expired passport accross EU as I actually did indeed when arrived from UK to Belgium with an expired passport.

[ppron747]

Do you have a friendly travel agent? There is an official IATA publication called "Travel Information Manual" (TIM) which lists the travel document requirements of virtually every country in the world. It is updated (I think) quarterly and should give the answer...

[jes2jes]

Apologies if you thought I was being biased but I was just stating the facts. Sorry ones more if you misuderstood me.

I just called the Spanish Embassy in London and told me that I can travel back to the UK with an expired passport

Nice of you to call them but the Spanish government does not enforce UK Immigration Laws so I suggest you better call the IND.

As suggested earlier, UK is not a signatory to the agreement neither are they signatory to the Schengen travel agreement.

You are better of checking with the UK govt than any other govt since you are coming to the UK.

Thanks for understanding.

[John]

heuro, again, do you have an ID card issued by the Spanish Government? If so you can use that to enter the UK.

[heuro]

You are better of checking with the UK govt than any other govt since you are coming to the UK.

Luckily the UK is not an isolated country in an island anymore but full member of the European Union. Local EU country immigration regulations about internal EU immigration do not longer apply. As I have ben told by another colleague, this means that that under the Freedom of Movement Act that bounds all member states including UK (even if they apply cross-border checks via Schegen) any EU member state cannot refuse the right of entry to a EU citizen that can produce proof of identity even if the ID is expired. I have even been told that that even with previous criminal records and ID expired ID the EU country does not justify expulsion of the citizen from the country. this is the link I have received


http://europa.eu/scadplus/leg/en/lvb/l23010.htm
http://europa.eu/scadplus/leg/en/s17000.htm


Anyone has more information?
I am not asking about whether my passport will be checked at the UK border based on Schegen area agreements, the question is:

Can I enter the UK with an expired EU IDD card or EU passport as a EU citizen? Morever Can the UK deny my EU freedom of movement and right of entry as an EU citizen? And if yes: based on what legislation?

[ppron747]

Did you come here to seek information, or just to start a fight, heuro? This is really getting tiresome...

[John]

As well as Paul's question, don't you think that it was a bit careless letting both your passport and ID card expire?

[heuro]

By no means I want to start a fight! On the contrary, I just want to obtain meaningful answers from as many participants in this board as I have received many contradictory responses even from official sources.

I just wanted to know:
1- Can I enter the UK with an expired EU ID card or an expired EU passport as a EU citizen?

2- Can the UK deny my EU freedom of movement and EU right of entry as an EU citizen because I have an expired EU passport? And if yes: based on what legislation?

I do not think asking the two questions above means in any sense starting a fight.

Thanks for your understanding.

[Smit]

Heuro,

I draw your attention to the Immigration (European Economic Area)Regulations 2006 which came into force on 30th April 2006:

http://www.fco.gov.uk/Files/kfile/The%2 ... 202006.pdf

You will see that under Regulation 11(1), an EEA national must produce a valid national ID card or passport issued by an EEA state to be guaranteed entry to the UK (subject to Regulation 19).

However, Regulation 11(4) provides that an immigration officer should provide a person with reasonable opportunity to prove that he/she is an EEA national.

In my opinion, you may be denied entry into the UK (at the discretion of the immigration officer) if travelling on your expired Spanish passport, the regulation clearly states the word "valid", an expired document does not meet the criteria of being "valid".

Good luck !!

[jes2jes]

As stated earlier check with the IND. Although the forum members are very verse in immigrational rules, they do not have all the answers. They are here to help. Since you are abroad, why not call the BHC in the EU country you currently are and settle your mind on this.

No one can provide answers to questions they do not have any answers to.

The tone of your post is what caused the questions to be asked about your 'fighting' posts.

[Dawie]

Although the fact that your passport is expired does not actually affect your treaty rights in the UK and your rights to exercise them (it is not a legal requirement to be present in the UK with a valid passport), it DOES effect your ability to enter the UK.

A nice analogy is to think of your passport as an ATM card. If your ATM card expires you cannot use it to draw money from your bank account at an ATM. No one doubts that your account with the bank is still valid and that the money in it is yours, it is just that the instrument you want to use to draw your money is no longer acceptable even though it once was.

In your earlier post you said that you phoned a Spanish embassy to ask if you could use your expired Spanish passport to enter the UK. Do you not think it would have been better to phone a British embassy to ask them this? After all the Spanish to do not set the border policies for the UK.

[lemess]

Just to throw some more contentious stuff into the mix, I am fairly sure that you can enter the UK on an expired British passport as it still acts as proof of identity and citizenship. The same rules could apply to EU passports. I remember picking this up whilst reading some guidance to immigration officials but it was so long ago I can't trace it - should be somewhere on the IND website.
Bottom line - I think it is correct to assume that an expired EU passport is sufficient to enter the UK but by attempting to do so you are always liable to run into the overzealous official who may have their own interpretation.
from what I have seen, most immigration officials hardly bother to check any details for EU passports anyway.

[JAJ]

Just to throw some more contentious stuff into the mix, I am fairly sure that you can enter the UK on an expired British passport as it still acts as proof of identity and citizenship.

In theory yes - clearly if someone arrives at a UK port of entry with an expired British passport, and satisfies the Immigration Officer as to their identity and nationality, they clearly would be admitted. With a stern warning and a delay.

However, in practical terms such a person would not reach the UK port of entry in the first place - a commercial carrier would almost certainly deny boarding if they saw an expired passport.