ILR after naturalisation

[brummel]

Does someone know how long it takes to get a right of abode stamp in the original passport after naturalisation?

Can this be done abroad?

Does this automatically cancel the ILR?

Are there any restrictions on travelling on ILR after naturalisation?

[Rogerio]

Hi,

1) please check the Right of Abode website on:

http://www.workingintheuk.gov.uk/ind/en ... abode.html?

It currently states that waiting times are around 6 to 8 weeks to process.

2) Yes, it can be done abroad, provided that you have your original British passport or naturalisation certificate ,and the correct form, photograph and fee.

3) Your ILR is cancelled once you get your naturalisation, therefore after becoming British you should enter/leave the UK on your British passport, or foreign passport with RoA.

4) as per 3.

[Joseph]

brummel and Rogerio,

It's still an open question if the naturalisation immediately cancels the ILR. I have a friend who attended the ceremony, left the next day on a 6-week trip (didn't have time to get the British Passport) and returned on the ILR with no problems. When the British passport is issued, it's quite possible that the ILR is cancelled on IND computer system, although posters on this Board say there are no cancellation stamps. When the ROA certificate is issued it's quite possible that the ILR is cancelled with a stamp. Perhaps you or one of the others can tell us what really happens when you do it!

One alternative option if you don't want to part with your British passport or naturalisation certificate is the Nationality Checking Service (NCS). I recall that Haringey NCS offered copying of supporting documents for the ROA application form for about £25 (slightly less than the AN form), which may be well worth it considering the value of the documents and the length of time needed for approval.

Joseph

[John]

This subject keeps coming up. Have a good read through this topic where exactly the same point ends up being discussed.

[basis]

However, what's the conclusion ? Does it mean experience shows that ILR is still acceptable at immigration ports fter naturalisation however it may not be legal to do so.

There could be genuine requirements for one not to apply for British passport straightaway - e.g. for an Indian citizen - the total calculation works out to -

90 days for oath (from any date after you have applied as this date is not known when you apply for the BC)

15 days to get a british passport

15 days to get PIO etc.

In today's worl that's too long a period for some people not to be able to travel for such a long time.

[Joseph]

John thanks for the reference to the other string. As Davidm and my friend attest, it is possible to continue to use the foreign passport ILR after taking the Oath, and even after getting the British passport. This is an interesting characteristic of British law; other countries such as the US do not allow their citizens to use foreign passports when leaving or entering the home country.

Basis, one conclusion is that theoretically it's possible to use your foreign passport and ILR immediately after the Oath, so if you have travel commitments, you do not have to wait a further week or two for a British Passport. In your case, however, the Indian passport is technically invalid the moment you take the Oath, but that's a problem unique to India. Not getting the British passport does not change this fact.

Regarding the 90 days prior to the Oath, you are free to travel provided you did not submit your passport with the nationality application (i.e. you used NCS). You only need to make sure that you don't travel until after the application is safely received in Liverpool.

So in your case the only period you can't travel is during the 15 days you are applying for the British passport and perhaps the 15 days you are applying for the PIO. I'm not sure if the Indian High Commission keeps your British passport during the PIO process, if not, you are only restricted to travel to India during this period.

Joseph

[Rogerio]

Gents,

When I naturalised & subsequently got my Right of Abode on my Brazilian passport, my ILR was not "cancelled", written over, or marked. It was left intact. Maybe (I hope, for consistency reasons) they cancelled it on their computers.

But, when I naturalised, I received a package from the Home Office containing several documents, and one folder with the following message:

"Right of Abode in the United Kingdom - note for British citizens:

As a British Citizen, you now have a right of abode in the United Kingdom and are no longer subject to any form of immigration control. This applies equally to any of your family registered with you and to any children born to you from now on, unless for any reason they are not British Citizens at birth.

This means that your previous indefinite leave to enter/remain, or settled status, no longer applies to you. If you wish to travel on a non-British passport, it must be endorsed to show that you have the right of abode. This is not the same as saying you are a British Citizen. "

Maybe the ones who travelled successfully in/out of the UK with their ILRs after naturalising were lucky, or the systems were down upon re-entry!

I therefore think that the ILR is formally cancelled on their systems, and their systems are not as linked up as we think they are.

Rogerio

[Joseph]

Rogerio

Thanks for your first-hand information. Clearly you are right; people should not continue to use the ILR after naturalisation, but the system seems to allow it at least for a while.

Did it take long to get your ROA? What documents did you have to submit besides your Brazilian passport? Both the British naturalisation certificate and the British passport or just the naturalisation certificate?

Since you are one of the few people on this board who has a Certificate of Entitlement to the right of abode, what happens when you use your Brazilian passport with ROA to enter the UK? Do you need to fill out a landing card? Do they stamp the passport? Can you go in the UK/EU citizen line and just flash your passport, or do you still have to go with the foreigners?

Obrigado

Joseph

[Rogerio]

Ola Joseph

1) It took me 6 weeks to get the RoA, and I only needed my Braz passport, naturalisation certificate, photos, and fee, of course!

2) You can come back into the UK without filling in a landing card, as you have the right of abode.

3) You go through the EU line, not the "Other passports".

I requested the RoA in case I lost my British passport. Just to be hassle free really, since I keep losing things!

Ate logo! (Impressed with your Portuguese).

[Joseph]

Rogerio

Thanks. You are now the Board's resident expert on ROA!

From your experience, it looks like ROA gives all the advantages of a second British passport, and can be very handy if you travel a lot and need to get visas etc and need a backup passport. It's clearly worth the £20, which I'm sure will not stay for long at that level, especially since the British consulates overseas charge much more. I will try to apply as soon as my citizenship gets approved.
Joseph

...É porque sou brasileiro também, nascei no RJ, mas fui criado nos estados unidos...

[Rogerio]

Hi Joseph,

Os seus pais sao brasileiros?

Expert? More like lippy as I would say it!

Just bear in mind that the RoA is only valid for travels from/to the UK.

If I'm travelling to the US, for instance, on my Brazilian passport, I will still need to get the necessary US visa on that passport, as the RoA does not state that the holder is a British national.]

But very convenient in case of loss.

PS - Totally unrelated, but did you read about the change in the colour of the Brazilian passport cover from January/06? It will go from green to blue, and will have many of the security features that have been adopted by many other countries.

Abraco,

Rogerio

[Joseph]

Rogerio

Yes, ROA is only valid here in the UK but it enables you more flexibility. Now you have a much easier time going to the USA on your British passport. And entering the EU countries is much easier, especially Portugal, on the British rather than the Brazilian passport. But note that you still must always use your Brazilian passport when entering or leaving Brazil.

On the other hand, if your work takes you to the Middle East, the Brazilian passport is still one of the best passports to have. Americans and Brits are not popular in the Middle East but Brazilians have no problems. Countries like Turkey require visas for US and UK but not for Brazil, for example. If I were hijacked or kidnapped in the Middle East I would only show the Brazilian passport and try to talk about futebol!

Yes the Brazilian passport is changing to a Mercosul biometric format. Now you can work anywhere in Mercosul as well as the EU!

Joseph

Meu pai é brasileiro, minha mae norte americana.

[Rogerio]

Great tip about Turkey, did not know that!

My email: brzuk@hotmail.com

Thanks,

Rogerio.

[Juan_C]

Even though is not the right thing to do, when the ILR is just a stamp in the passport, the person does not face problems to re-entry the UK as he/she used to do before getting the naturalization. I have known many people who have done it for quite a long time.
However, I don't know anybody who has try with the ILR card... can somebody add something to this?

[CR001]

Even though is not the right thing to do, when the ILR is just a stamp in the passport, the person does not face problems to re-entry the UK as he/she used to do before getting the naturalization. I have known many people who have done it for quite a long time.
However, I don't know anybody who has try with the ILR card... can somebody add something to this?

This thread is from 2005.

You can travel on ILR BRP and foreign passport and carry a copy of the naturalisation certificate. My daughter has done this frequently in the last 12 months.

[vinny]

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.