The two conditions British passports must meet to travel in the European Union

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The democratic vote to leave the European Union had many unexpected consequences for travelers. One of the most serious: UK passengers refused boarding by their airlines because their passports are considered no longer valid after Brexit.

So the problem is so big my “pinned post”. (Old Twitter) reminds travelers and airlines that a UK passport must meet two conditions for travel to the European Union (and the wider Schengen area):

  • The day of entry into the EU, issued less than 10 years ago.
  • On the expected day of exit from the EU, at least three months remain before the expiry date.

Trying to inform the traveling public about the rules our government has signed is one thing. After last year, I spent several strange months explaining to our government the deal it had made with Brussels.

The Foreign Office and the Home Office initially insisted that British passports expire after nine years and nine months, a fiction briefly extended to claim that British children’s passports were no good after four years and nine months.

Eventually, in May 2022, officials and ministers conceded that I was right and he changed the council of the government. By then, I think I had to convince the airlines about the rules, with Ryanair and easyJet are the last to fall in line.

Yet in 2023, ground staff at UK airports are still turning passengers away unnecessarily – causing distress to travelers and triggering hundreds of pounds in compensation.

In November, British Airways staff at London Heathrow prevented Laura Savage from taking her flight to Oslowhile in December Mark Starkey was removed from an early morning Ryanair flight from Luton Airport to Alicante.

Whenever cases like these appear, it has the welcome effect of informing previous victims of wrongful denials of boarding to come forward. Here is Camilla, who in February of last year was refused boarding a flight for a three-day trip to Italy. Her airline said she needed six months left on my passport to travel.

“My passport was issued on May 1, 2012 and it expires on July 1, 2022,” says Camilla. “Can you confirm that I have been returned in the wrong way? If so, what can I do to request compensation?”

Camilla’s passport was valid for travel to the EU until April 1, 2022; all trips would have to be completed by that date due to the “three month rule”. So Camilla was satisfied. But how much money do you owe him, and how can you get it back?

Under European air passenger rights rules – known as EU261 – he is entitled to £220 in compensation for being denied boarding, plus a refund of his return fare. It should be a simple matter to claim the stipulated money and the cost of the ticket through the airline’s online claims portal by providing a scan of the passport dates.

If the carrier has any sense accept the claim and pay. The airline may try to deny the claim on the basis that it was based on inaccurate travel advice that the British government was putting out.

However, I told all the major airlines (and the British government) in the autumn of 2021 exactly what the European rules were. I have provided all the contact details for the relevant officials in Brussels and invited careers to check my work. Choosing to follow the wrong guidance of a non-EU government rather than the precise specification of an EU body seems like a weak defence.

Claiming sums beyond that, both for airport travel costs and prepaid accommodation abroad, will be more complicated; airlines tend to say they are not responsible for “consequential losses”. In my opinion, this is not a justified defense, but a successful claim could involve a legal battle.

Anyone whose claim is rejected can go to alternative dispute resolution (ADR). But referees, in my experience, sometimes get it wrong. Fortunately, if a decision goes against you there is nothing to stop the update Claim money online.

Write to the airline, giving two weeks’ notice of your legal action; if the stupid carrier fails to respond, go ahead and file a claim. Above all, be patient. It may take months or years before your deserts arrive.

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