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Renouncing the British Citizen, but want to stay in UK

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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zeusmagnanimous
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Re: Renouncing the British Citizen, but want to stay in UK

Post by zeusmagnanimous » Mon Feb 09, 2015 2:34 pm

Interesting topic.

FYI - There is no such thing as OPC. Pakistan allows dual citizenship and thus cards are issued to overseas pakistani citizens but they are called National Identity Card for Overseas Pakistanis (NICOP). Having NICOP is the equivalent having a RoA in the UK.

fwd079
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Re: Renouncing the British Citizen, but want to stay in UK

Post by fwd079 » Mon Feb 09, 2015 2:43 pm

zeusmagnanimous wrote:
FYI - There is no such thing as OPC. Pakistan allows dual citizenship and thus cards are issued to overseas pakistani citizens but they are called National Identity Card for Overseas Pakistanis (NICOP). Having NICOP is the equivalent having a RoA in the UK.

Yes, I know its NICOP, the name slipped my mind, but also, I actually mixed POC and OPC. Latter is for persons themselves/children born in UK to parents having annulled Pakistani nationality. For dual nationals and their kids its NICOP.
Being British is a state of mind.
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ouflak1
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Re: Renouncing the British Citizen, but want to stay in UK

Post by ouflak1 » Mon Feb 09, 2015 3:19 pm

Ok, but the vast majority of countries don't offer anything like OCI or POC. Even if the OP is a citizen of a country that does offer something like that, would the UK accept that in lieu of actual citizenship? Especially considering that the country itself doesn't even recognize this status as citizenship? I think that very very unlikely.

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Re: Renouncing the British Citizen, but want to stay in UK

Post by fwd079 » Mon Feb 09, 2015 3:35 pm

ouflak1 wrote:Ok, but the vast majority of countries don't offer anything like OCI or POC. Even if the OP is a citizen of a country that does offer something like that, would the UK accept that in lieu of actual citizenship? Especially considering that the country itself doesn't even recognize this status as citizenship? I think that very very unlikely.
I'd kindly refer to my previous post regarding "kick out to score points" kind of process, but POC I know gives visa free entry, even if parents have renounced Pakistani citizenship. So if a British citizen can enter a country without restrictions of visa, then they can stay there and become nationals there, hence not being stateless. In that case the Home Office will have no objection in renunciation process.

Anyway I'll stop here. Because I think we are digressing from actual question i.e. can they stay/apply from within UK after renunciation of British Citizenship? For which the answer is a clear no, as far as I can think.
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ouflak1
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Re: Renouncing the British Citizen, but want to stay in UK

Post by ouflak1 » Mon Feb 09, 2015 3:57 pm

fwd079 wrote: ... but POC I know gives visa free entry, even if parents have renounced Pakistani citizenship.
Fine. But that's not citizenship. No by the UK's definition of such. Not even by Pakistan's definition of such.
fwd079 wrote:So if a British citizen can enter a country without restrictions of visa,
Still not citizenship.
fwd079 wrote: then they can stay there and become nationals there,
At some point in the future, maybe sure. But that's a separate lengthy process.
fwd079 wrote: In that case the Home Office will have no objection in renunciation process.
I disagree. My own native country, the United States, will allow someone to renounce if they don't have another citizenship lined up as long as they are atleast are permanent residents somewhere. But the UK is a signatory to the Reduction of Statelessness convention. Further they specifically state in their law that it must be citizenship. In order to honor that agreement and their own laws, I do not believe they will ever allow someone to become stateless unless that person is stripped of citizenship.

fwd079
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Re: Renouncing the British Citizen, but want to stay in UK

Post by fwd079 » Mon Feb 09, 2015 4:17 pm

ouflak1 wrote: I disagree. My own native country, the United States, will allow someone to renounce if they don't have another citizenship lined up as long as they are atleast are permanent residents somewhere. But the UK is a signatory to the Reduction of Statelessness convention. Further they specifically state in their law that it must be citizenship. In order to honor that agreement and their own laws, I do not believe they will ever allow someone to become stateless unless that person is stripped of citizenship.
Yes, I respect your view, although I respectfully disagree because following one of vinny's posts I read a case where a woman was rendered stateless after being stripped off of her British nationality, but court still ordered her revocation because potentially she could go back to her native land and become a citizen.

But as I already said I'll stop here.

So you eliminated actual question i.e. can they stay/apply from within UK after renunciation of British Citizenship?

Which isn't eliminated in my case and the answer is a clear no, they cannot stay, as far as I can think.
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t123456789
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Re: Renouncing the British Citizen, but want to stay in UK

Post by t123456789 » Mon Feb 09, 2015 5:34 pm

Depending on the OPs circumstance, they may be able to resume their British nationality after renouncing it.

So the order would be:
1. Renounce British citizenship.
2. Go to foreign country, take up their citizenship.
3. Resume British citizenship, don't tell foreign country about it.

fwd079
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Re: Renouncing the British Citizen, but want to stay in UK

Post by fwd079 » Mon Feb 09, 2015 11:05 pm

t123456789 wrote:Depending on the OPs circumstance, they may be able to resume their British nationality after renouncing it.

So the order would be:
1. Renounce British citizenship.
2. Go to foreign country, take up their citizenship.
3. Resume British citizenship, don't tell foreign country about it.
Questioner does not want to stay British it seems:
takfly wrote: As I wrote in the first posting, my dad did the all process for becomeing the British Citizen without my consent.
( I was 10 or 11 years old then.)

I'm now feeling that I have a strong loyalty to my (our) native nationality which does not allow the dual nationality,
so how can I get back to the original status before getting the British citizen?

The point I'd like to know is, somehow, to get the ILR again with my native passport.
(If only, my dad did not do such a mistake..... I want to stay in th UK with my native nationalty.)
Hence my first post in this thread. Where I requested to kindly reconsider and not to give into emotions.
Being British is a state of mind.
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ouflak1
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Re: Renouncing the British Citizen, but want to stay in UK

Post by ouflak1 » Tue Feb 10, 2015 7:57 am

So to sum up then, here is the most realistic set of steps for the OP to accomplish the goal of living in the UK permanently with the citizenship of his birth.

1. Move to that original country and become resident there.
2. Go through the process of acquiring citizenship in that country.
3. Once that is done, British citizenship should be renounced as that will certainly be a necessary step to getting the previous citizenship.
4. Move back to the UK via a route that will eventually lead to ILR.

Well, it's doable. I don't see a more obvious practical way to go about that is for certain to work.

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Re: Renouncing the British Citizen, but want to stay in UK

Post by takfly » Wed Feb 11, 2015 1:04 pm

Dear all,

Thank you so much for discussing this topic so kindly.

As Mr./Ms. fwd079 said:

>ILR as far as I feel, is not a joke visa, its a promise you make UK your home country, just one step below Citizenship.

It's very important point I need to think of.

However, when the British citizenship was granted, I was an infant.
If I were an adult then, I would understand what ILR/citizenship means.

Now, I am over 18 years old, and feel strong respect for my descent.
From the loyalty to our native nationality point of view, I simply want to keep it.
On the contrary, for education, job, whatever reasons, I obviously keep to saty in the UK.
Therefore, the original status before I was granted the British citizenship, which was the ILR
on my native nationality passport, seems better......

Why does it sound so hard to get back to the original status, if it was done without the true consent?
(an infant can't understand what the nationality means.)

Regards,

Takfly

fwd079
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Re: Renouncing the British Citizen, but want to stay in UK

Post by fwd079 » Wed Feb 11, 2015 1:10 pm

takfly wrote:Dear all,

Thank you so much for discussing this topic so kindly.

As Mr./Ms. fwd079 said:

>ILR as far as I feel, is not a joke visa, its a promise you make UK your home country, just one step below Citizenship.

It's very important point I need to think of.

However, when the British citizenship was granted, I was an infant.
If I were an adult then, I would understand what ILR/citizenship means.

Now, I am over 18 years old, and feel strong respect for my descent.
From the loyalty to our native nationality point of view, I simply want to keep it.
On the contrary, for education, job, whatever reasons, I obviously keep to saty in the UK.
Therefore, the original status before I was granted the British citizenship, which was the ILR
on my native nationality passport, seems better......

Why does it sound so hard to get back to the original status, if it was done without the true consent?
(an infant can't understand what the nationality means.)

Regards,

Takfly
Like I said, you *feel* that and being an economic migrant myself, I do not make decision on feelings. Hence my request in this link to you, if you have just turned 18, I'd request you to please give your *feelings* three to four years, then decide on future.

Anyway outflak has summed up the solution for you.
Being British is a state of mind.
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secret.simon
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Re: Renouncing the British Citizen, but want to stay in UK

Post by secret.simon » Wed Feb 11, 2015 6:08 pm

I think my thoughts on this subject are too clear to bear repetition.

While I do not consider myself an economic migrant, I agree with Fwd079 that we value British citizenship precisely because we had to work so hard to attain it. We did not take this decision based on feeling, but worked towards a goal rationally.

I second Fwd079's suggestion to reflect on this matter before progressing it further. Citizenship is not only an emotional matter, it is a matter of great practical and everyday consequence to your life. You may have great loyalty to the country of your descent, but citizenship may not be the only way of expressing such loyalty.

As a child, you would not be considered to have the maturity to take decisions that would affect your life. Your parents' duty is to take decisions that are in your long-term interests, not what you would want or like.

The number of countries that allow dual citizenship, either de jure or de facto, is on the increase. Given time, it may be that the country of your roots may offer it, in the fullness of time.

In the meanwhile, Outflak1's summary seems to me to be a concise summary of the advice of this forum. You have a choice; to be loyal to the country of your descent and restart your life in the UK from scratch (going through all the visa procedures again) OR continue to be a British citizen, live here and obey the laws here. You can not have your cake and eat it too.

Think with your head, not your heart.

PS: As an aside, given the length of this thread, it piques my curiousity to ask the OP, what is your original nationality?

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Re: Renouncing the British Citizen, but want to stay in UK

Post by ajbhatta » Wed Feb 18, 2015 4:03 am

Hi Mate,

You can renounce your British citizenship and get the right to abode but for that you must have citizenship of another nation. I have an aunt was born a british citizen but stayed in india with my uncle for and acquired Indian Citizenship but renouncing her british citizenship but got a right to abode (Sometime like a ILR) stamped on her Indian Passport. Hope this helps!

secret.simon
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Re: Renouncing the British Citizen, but want to stay in UK

Post by secret.simon » Wed Feb 18, 2015 5:52 am

If she has got Right of Abode stamped into her Indian passport, she has not renounced British citizenship in front of the British authorities.

The Right of Abode certificate is only available to existing British citizens. If she had renounced British citizenship, she would not be able to get it.

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Re: Renouncing the British Citizen, but want to stay in UK

Post by ouflak1 » Wed Feb 18, 2015 1:01 pm

secret.simon wrote:If she has got Right of Abode stamped into her Indian passport, she has not renounced British citizenship in front of the British authorities.

The Right of Abode certificate is only available to existing British citizens. If she had renounced British citizenship, she would not be able to get it.
Not strictly. It is possible ajbhatta's aunt qualified for Right of Abode without being a citizen, and I suppose technically could have renounced citizenship and later acquired ROA by qualifying as described in the link. But such cases are rarer and rarer. In the OP's case, the only possible route to get Right of Abode is by means of citizenship, which he/she currently has.

secret.simon
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Re: Renouncing the British Citizen, but want to stay in UK

Post by secret.simon » Wed Feb 18, 2015 3:58 pm

@Outflak1, you are quite correct that there are a few other possibilities to getting Right of Abode in the Uk without being a British citizen. However, the chances of them occuring are so miniscule that for all practical purposes, the only way to a right of abode in the UK is via British citizenship.

To begin with, no person born after 1st January 1983 can have Right of Abode without being a British citizen. That rules the OP out, who has just turned 18.

As for ajbhatta's aunt, it is possible she may have had right of abode as a Commonwealth citizen on 31st December 1982 and has held on to that right of abode. But ajbhatta specificaly stated that she was a British citizen who renounced her British citizenship to take up Indian citzenship. That would break her Right of Abode as the underlying original citizenship broke. The only case that would not apply would be if the original Commonwealth citizenship was Indian, in which case, she could not have "acquired" Indian citizenship because she was Indian all along.

On the other hand, what ajbhatta's aunt may have done, and what the OP can do, is renounce British citizenship, gain the foreign citizenship and then exercise the entitlement under Section 13 of the British Nationality Act 1981 (http://www.legislation.gov.uk/ukpga/1981/61/section/13) to resume their British citizenship. That is perfectly legal-nay even an entitlement-under British law, but is almost certainly an offence under the laws of the other citizenship (certainly an offence under Indian law).

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Re: Renouncing the British Citizen, but want to stay in UK

Post by Zanzimar » Tue Nov 15, 2016 12:51 pm

takfly wrote:Subject:
Intending to stay permanently in the UK after renouncing the "Registration of British Citizen"

Dear Sir/Madam,

When I was an infant, my parents changed my immigration status
from the "Indifinite Leave to Remain in the UK (ILR)" with my
original nationality to the "Rregistration of British Citizen".
It was done without my consent because I was too young
to understand what the nationality is at that time.

Furthermore, as my original country does not allow the dual
nationalities, I need to chose either the original nationality
or the British Citizen.

I am over 18 years old now and intend to stay permanently
in the UK with "My original nationality".

Therefore, I have the following questions, please give me good advice.
(Note:I have already confirmed that my original country allow me
to back to its nationality.)

Questions:

1. Do I need to declare that "I chose the original nationality
and intend to stay in the UK" ?

2. How to prove that I have the right of avode in the UK
if I chose the original nationality?

3. If I need to re-regulate the right of avode in the UK
with the original nationality, what application form should I use?
(I have already read the Homeoffice web site "Apply to settle in the UK
(https://www.gov.uk/settle-in-the-uk/y)", but none of
"What's your situation" seems to meet my situation.)

Yours faithfully,

Tak
hi takfly, what is your update with renouncing BC and what happened afterwards if you don't mind sharing as I am in the pretty much same situation. Thanks

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Re: Renouncing the British Citizen, but want to stay in UK

Post by noajthan » Tue Nov 15, 2016 1:05 pm

Zanzimar wrote:hi takfly, what is your update with renouncing BC and what happened afterwards if you don't mind sharing as I am in the pretty much same situation. Thanks
Member in question is busy, s/he last visited our community in Feb 2015.
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Casa
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Re: Renouncing the British Citizen, but want to stay in UK

Post by Casa » Tue Nov 15, 2016 1:07 pm

noajthan wrote:
Zanzimar wrote:hi takfly, what is your update with renouncing BC and what happened afterwards if you don't mind sharing as I am in the pretty much same situation. Thanks
Member in question is busy, s/he last visited our community in Feb 2015.
This thread is over 18 months old and member takfly hasn't visited the forum since February 2015.
(Casa, not CR001)
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