Search

How can we help?

Icon

The British passport and Brexit

An unlikely contender to the list of key Brexit issues has been the burgundy British passport. Ardent Brexiters have advocated for the return of the ‘blue’ passport, which to their delight is set to return this year. Whilst the burgundy passports, including those which state European Union, will continue to be valid until their expiry dates, there are some key exceptions.

As a starting point, all British passports will remain valid for travel to the UK until January 2021. This means that the freedom of movement rules apply, and you are able to travel until the expiry date stated on those passports.

However, from 1 January 2021, new rules will apply. This means that you must have at least 6 months remaining on your passport (this includes both adults and children) for travel to most European countries (except Ireland – where the previous rules remain valid).

More importantly, the relevant expiry date for the passports will be 10-years from when the passport was originally issued. As such, if you renewed your passport before its expiry, and gained ‘extra months’, these extra months may not count. This could potentially cause a major issue for certain travellers as this rule does not line up the normal rules of expiry.

If you have had extra months which means you have less than 6 months from the original 10-year limit, or simply have less than 6 months left on your passport, you must renew your passport if travelling after 1 January 2021.

From 1 January 2021, new rules will apply

We expect a steep rise in passport applications for 2020 as a result of this rule, and from EU nationals who have now had settled status for more than a year.

When can I get a blue passport?

The ‘blue’ passport is expected to roll out from March 2020, but you can still expect a burgundy passport throughout 2020, as the government utilises the unused burgundy stock. Therefore, there is likely to be a mixture of both passports for this initial phase.

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Author profile

Monica Atwal

Managing Partner

View profile

+44 118 960 4605

About this article

Read, listen and watch our latest insights

art
  • 22 December 2025
  • Corporate and M&A

Corporate law in 2025 and looking forward to 2026

2025 has been a transformative year, with a massive paradigm shift from ‘deregulation’ to ‘transparency and accountability’ at Companies House.

Pub
  • 22 December 2025
  • Privacy and Data Protection

GDPR Packages

Our comprehensive GDPR Packages are designed to help organisations navigate the complexities of data protection and ensure compliance with regulatory requirements.

art
  • 18 December 2025
  • Employment

Employment Law: Looking back at 2025 and what to expect in 2026

2025 has certainly been an interesting year for employment law. While the Employment Rights Bill has pulled much of the focus since it was introduced in October 2024, there have been other important updates this year as well.

art
  • 18 December 2025
  • Corporate and M&A

Deal Announcement: Clarkslegal’s corporate lawyers advise on the sale of Chatterbox Labs Limited to subsidiary of American tech giant

Clarkslegal’s corporate team, led by Senior Consultant Jon Chapman and supported by Senior Solicitor Emma Docking, advised the founders of Chatterbox Labs Limited on the sale of the AI security specialist to Red Hat, Inc., a wholly owned subsidiary of IBM.

art
  • 16 December 2025
  • Employment

Christmas Parties – Festive Fun or a New Year Hangover?

It’s Christmas party season! The office party is often a mixed blessing – an opportunity to boost morale and perhaps celebrate a successful year yet also a melting pot of workers letting their hair down, with potential for accidents, injuries, threats and claims.

art
  • 10 December 2025
  • Privacy and Data Protection

The 12 Data Protection Mistakes of Christmas

As the festive season approaches, it is not just last-minute shopping and office parties that can catch organisations off guard; data protection slip-ups are just as common.