Alternative to ILR

[raokartik]

Hi Guys,

I got married when I was an ILR, I am currently a British citizen. My wife initially got a 2 year probationary Settlement VISA. I believe after the 2 years you are supposed to apply for the ILR.

If I dont want the ILR can I just extend her stay in UK. Do I have to apply for the ILR.

Any help is much appreciated. Thanks.

Cheers,
Kartik

[Damanisshallo]

But why would you do so?

FLR(M) is the answer and it costs you £561(Postal), £867(Premium)

SET(M) for ILR £991(Postal), £1,377(Premium)

[sh1981]

Hi Guys,

I got married when I was an ILR, I am currently a British citizen. My wife initially got a 2 year probationary Settlement VISA. I believe after the 2 years you are supposed to apply for the ILR.

If I dont want the ILR can I just extend her stay in UK. Do I have to apply for the ILR.

Any help is much appreciated. Thanks.

Cheers,
Kartik

why extend and not ilr? reason?

[raokartik]

Hi Guys,

Thanks for the replies. My wife wants to remian an indian citizen so there is no reason to get an ILR and then subsequently a British Citizenship. ILRs are expensive and also they take more time I guess.

Just wanted to know the options.

Thanks,
Kartik

[Damanisshallo]

Hi Guys,

Thanks for the replies. My wife wants to remian an indian citizen so there is no reason to get an ILR and then subsequently a British Citizenship. ILRs are expensive and also they take more time I guess.

Just wanted to know the options.

Thanks,
Kartik

You don't have to get British Citizenship. You can stay on ILR and keep renewing it. That way you don't waste money every 2.5 yrs (FLR(M)). Where as ILR is valid for 10 yrs. As for the ten year expiry, I think it's a check-in to update photo and details?

[sh1981]

Hi Guys,

Thanks for the replies. My wife wants to remian an indian citizen so there is no reason to get an ILR and then subsequently a British Citizenship. ILRs are expensive and also they take more time I guess.

Just wanted to know the options.

Thanks,
Kartik

sorry to sound a bit skeptical mate but something does not sound right. why would she be in UK and not want ILR? you dont have to rid indian or any citizenship to get ILR. it appears maybe someone does not want her to stay here, but who am i to judge. just saying.

and no they take same time as FLR and are not excessively expensive through postal applciation.

[wpilr_nov12]

She can retain her current citizenship/passport with UK ILR. Her future entries to UK would not require further entry clearance etc...

[[iD]]

Hi Guys,

Thanks for the replies. My wife wants to remian an indian citizen so there is no reason to get an ILR and then subsequently a British Citizenship. ILRs are expensive and also they take more time I guess.

Just wanted to know the options.

Thanks,
Kartik

ILR is not citizenship, neither are you bound to apply for nationality after getting ILR.

[sh1981]

Hi Guys,

Thanks for the replies. My wife wants to remian an indian citizen so there is no reason to get an ILR and then subsequently a British Citizenship. ILRs are expensive and also they take more time I guess.

Just wanted to know the options.

Thanks,
Kartik

ILR is not citizenship, neither are you bound to apply for nationality after getting ILR.

anyway i thought indians can keep their nationality even after british nationality. i know pakistanis can, dual nationality thing.

[Damanisshallo]

i thought indians can keep their nationality even after british nationality. i know pakistanis can, dual nationality thing.

Read this

[InUkOnHsmp]

sh1981,

Not true. Dual citizenship is a myth, some people call OCI dual citizenship, but actually Indian constitution does not allow dual citizenship.

You are supposed to surrender your Indian passport within 3 months of becomign a British Citizen.

Regards

[Damanisshallo]

6. Dual nationality

6.1 Our understanding is that Indian citizenship cannot normally be held in combination with any other citizenship. Section 9 of the 1955 Act provides that "Any citizen of India who by naturalisation, registration or otherwise voluntarily acquires.....the citizenship of another country..... shall, upon such acquisition,..... cease to be a citizen of India".

6.2 This means that no adult (18 and over) can hold Indian citizenship in conjunction with any other nationality or citizenship - but see 6.6 below.

6.3 Further, if an Indian minor obtains another nationality or citizenship (for example by registration as a BN(O)) the child will automatically lose its Indian citizenship. This applies even where the registration is made by the parents/guardian on behalf of the child.

6.4 The only exception to this general ban on dual citizenship is where a child is a dual national by birth. In such cases that child can remain a dual citizen until either:
a. they obtain a passport in their other citizenship (while under the age of 18); or
b. they reach the age of majority (18)

6.5 If a child who is a dual national by birth fails to renounce their other citizenship prior to reaching the age of majority or acquires a passport in their other nationality before reaching the age of 18 they will lose Indian citizenship.

6.6 If, despite the prohibition on dual nationality, an applicant has been issued with a passport or other formal document describing him as an Indian citizen, it should not be assumed that it has been issued incorrectly. In such cases, we should write to the applicant/agent along the lines explained in paragraph 4.5 of Annex D

Source:

[CR001]

You don't have to get British Citizenship. You can stay on ILR and keep renewing it. That way you don't waste money every 2.5 yrs (FLR(M)). Where as ILR is valid for 10 yrs. As for the ten year expiry, I think it's a check-in to update photo and details?

I think this is slightly incorrect - ILR does not expire. It is the Biometric Residence Permit that is valid for 10 years (like a drivers license) and needs to be renewed (like a drivers license) every ten years and yes, this is to update photo and details (if any)- the cost for a replacement BRP at the moment is only £37 so guessing it won't be much more than that in future.

raokartik - the benefit of ILR is that your wife will be free of immigration control, is entitled to benefits and can live in the UK forever unrestricted.

[sh1981]

You don't have to get British Citizenship. You can stay on ILR and keep renewing it. That way you don't waste money every 2.5 yrs (FLR(M)). Where as ILR is valid for 10 yrs. As for the ten year expiry, I think it's a check-in to update photo and details?

I think this is slightly incorrect - ILR does not expire. It is the Biometric Residence Permit that is valid for 10 years (like a drivers license) and needs to be renewed (like a drivers license) every ten years and yes, this is to update photo and details (if any)- the cost for a replacement BRP at the moment is only £37 so guessing it won't be much more than that in future.

raokartik - the benefit of ILR is that your wife will be free of immigration control, is entitled to benefits and can live in the UK forever unrestricted.

not really, ILR does expire if you're out of UK for more than 2 years continuously. however if you're in UK most ofthe time, ILR never expires.