Will renouncing British citizenship cancel my ILR?

[arshadma]

Hi All,

My first post, here it goes:

I am about to apply for Naturlisation, and was wondering if I give up/ renounce my British Citizenship will it automatically cancel my ILR status too?

Please share some wisdom or personal experience.

Thank you,

[milan69]

All I can say is when I asked border official when Entering UK if now that I have become British citizen will my ILR be invalid I was told that it will always be valid.

[ban.s]

The answer may not be as simple as that.

What exactly we mean by “cancellation” or “invalidation” of ILR? Do we mean physical cancellation (i.e. for ILR vignette endorsed with a stamp “cancelled without prejudice” or surrendering the BRP) or cancellation in HO internal records?

If it’s the former, then we know the answer is NO. What about HO records? They get updated with BC status but does it mean a person is a BC and also ILR holder?

A British citizen arrived at UK border with non UK passport/ILR is allowed entry – that’s because the internal records will show the person is a BC and has right of abode.

Now consider various scenarios:

a) A person is a dual national – say US and UK
A1) ILR in vignette format – will the person be allowed to transfer ILR vignette from old passport to new passport using TOC?
A2) ILR in BRP format – will the person be allowed to renew BRP on expiry?

A3) This person now renounced BC – will they be allowed entry with US passport and ILR?

b) The person is not dual national and hence lost original nationality (say India). The Indian passport will be cancelled by Indian authorities but it will contain the ILR vignette

B1) This person later regains Indian nationality, renounces BC and obtain a new indian passport. Will the person be allowed to apply for a TOC – from old Indian passport to new passport?

Would be interested to hear views from others.

[vinny]

46.

[ban.s]

thanks vinny

[haiksuresh]

The answer may not be as simple as that.

What exactly we mean by “cancellation” or “invalidation” of ILR? Do we mean physical cancellation (i.e. for ILR vignette endorsed with a stamp “cancelled without prejudice” or surrendering the BRP) or cancellation in HO internal records?

If it’s the former, then we know the answer is NO. What about HO records? They get updated with BC status but does it mean a person is a BC and also ILR holder?

A British citizen arrived at UK border with non UK passport/ILR is allowed entry – that’s because the internal records will show the person is a BC and has right of abode.

Now consider various scenarios:

a) A person is a dual national – say US and UK
A1) ILR in vignette format – will the person be allowed to transfer ILR vignette from old passport to new passport using TOC?
A2) ILR in BRP format – will the person be allowed to renew BRP on expiry?

A3) This person now renounced BC – will they be allowed entry with US passport and ILR?

b) The person is not dual national and hence lost original nationality (say India). The Indian passport will be cancelled by Indian authorities but it will contain the ILR vignette

B1) This person later regains Indian nationality, renounces BC and obtain a new indian passport. Will the person be allowed to apply for a TOC – from old Indian passport to new passport?

Would be interested to hear views from others.

Hi ban.s,
Very interesting details, I try to understand the details provided by vinny, but unfortunately didn't understand completely . Could you please explain when you get some free time. So it will be very helpful for others in this forum.

Regards,
Suresh

[secret.simon]

46. As can be seen, the general provisions in the 1971 Act regarding leave to enter and remain are expressly stated not to apply where a person is a British citizen. We do not consider that it is compatible with the scheme of that Act to regard indefinite leave to remain (or any other sort of leave) as having some sort of vestigial existence, whilst the person concerned remains a British citizen. A person cannot be both a British citizen and concurrently subject to indefinite leave to remain. Upon becoming such a citizen, the appellant became a person to whom section 1(1) applied. As Mr Deller put it, the appellant’s indefinite leave to remain simply ceased to exist.

53. Accordingly, for the purposes of these proceedings, we find that, were the appellant to be deprived of British citizenship, he would not fall to be treated as a person having indefinite leave to remain in the United Kingdom.

The quotes above is of Paragraphs 46 and 53 of the judgment to which Vinny linked.

The conclusion is pretty clear. ILR is incompatible with British citizenship. On becoming a British citizen, ILR ceases to exist. If subsequently British citizenship is lost/revoked/deprived/renounced, the person will no longer have either a right of abode or leave to remain in the UK, unless he starts ab initio as a PBS applicant or through one of the other routes. The ILR ceased with the completion of the naturalisation ceremony.

To answer the question in the subject-line pithily; renouncing your citizenship wouldn't revoke your ILR, becoming a British citizen will.

[milan69]

I have travelled out of UK on few occasions after my ceremony while I haven't yet applied for British passport. I entered on my old passport and ILR.

[ban.s]

I have travelled out of UK on few occasions after my ceremony while I haven't yet applied for British passport. I entered on my old passport and ILR.

You were allowed entry on the basis of British citizenship right of abode. The home office record showed the I/O that you were a BC even though you didn't carry a british passport.

A british citizen - turned up at a UK border even without any travel document - would be allowed entry subject their british nationality was proven beyond doubt.

[ukswus]

Once you obtain citizenship, your ILR ceases to exist. So, if you renounce citizenship, you will be back at square one, ie a person without any valid leave in the UK.

But it beats me- why are you already thinking about renouncing it, before even applying for it? Under what plausible circumstances may it be necessary??

[fwd079]

But it beats me- why are you already thinking about renouncing it, before even applying for it? Under what plausible circumstances may it be necessary??

Many are unnecessarily scared of right-wing political gains across EU. That's my idea at least.

[ban.s]

There are countries that don't recognise dual citizenship. Renouncing current nationality for gaining British citizenship is a big decision for many applicant and some of them may choose to renounce BC at a latter stage and regain their old nationality for family/career/political/emotional reasons.

Ofcourse we can't foresee what will happen in future but it's always best to explore all options and take an informed decision.

[haiksuresh]

Thanks a lot for clarification.

[secret.simon]

Also see http://www.immigrationboards.com/britis ... 80678.html

[gbhsmp]

B1) This person later regains Indian nationality, renounces BC and obtain a new indian passport. Will the person be allowed to apply for a TOC – from old Indian passport to new passport?

ILR is kind-of lost if you stay outside UK for more than 2 years and I suppose (for INDIANS) you have to stay in INDIA for 5yrs to get back your INDIAN citizenship provided you registered as OCI.
So ILR is already lost since you no more qualify as a permanent resident of UK
You could apply under returning residents but that is not much use since you have to wait again for 5yrs to get back your ILR status and then ... this is going round and round ...

[secret.simon]

@gbhsmp
Can you state the source for your quote?

[gbhsmp]

@gbhsmp
Can you state the source for your quote?

https://www.gov.uk/returning-resident-visa