Certain British nationals and 2 year rule for returning residents

[Forest2thirds]

It is often said that if you are a British National (Overseas), British Protected Person or British subject, once you gain an Indefinite Leave to Remain (ILR), you cannot lose ILR by virtue of being absent for more than 2 years. The authority cited is usually paragraph 16 of the Immigration Rules.

However the way I read it is that paragraph 16 has nothing to do with whether the British national in question has an ILR or not. Rather, the condition required for that paragraph to apply is that such person is able to produce a UK passport issued in the UK or the Irish Republic before 1 January 1973.

As such, unless the British national in question (a) was borne before 1 January 1973; (b) happened to be in the UK or the Irish Republic before 1 January 1973 and (c) applied for and was issued a UK passport there and then, it would appear that paragraph 16 would not apply to that person, irrespective of whether that person has been issued an ILR.

I recognise that the position for British Overseas Citizen is different by virtue of paragraph 17 of the Rules.

Any views from other members are welcome.

[zimba]

Except for the British Overseas Citizens, the 2 year rules applies to all unless such exception has been given explicitly.
The guide on returning residents tells you about the exceptions:

The exception to this was Commonwealth citizens settled in the UK when the 1971 Immigration Act came into force on 1 January 1973. Under section 1(5), they were protected from losing their indefinite leave from absences outside the UK until 1 August 1988 when section 1(5) was repealed. After this date, any indefinite leave would be lost following an absence of 2 years or more.

and also:

Under paragraph 16 of the Rules if any of the following produce a UK passport issued in the UK and Islands or the Irish Republic before 1 January 1973, they should be admitted freely (unless the passport has been endorsed to show that they were subject to immigration control):
• a British Dependent Territories Citizen (BDTC)
• a British National (Overseas) (BN(0))
• a British Overseas Citizen (BOC)
• a British Protected Person (BPP); a British Subject (BS) by virtue of section 30(a) of the British Nationality Act 1981 (who, immediately before 1 January 1983 would have been a British Subject not possessing citizenship of the UK and Colonies or the citizenship of any other Commonwealth country or territory)

Under paragraph 17 of the rules, British Overseas Citizens (BOC) who hold UK passports wherever issued are also entitled to admission at any time as returning residents if they can satisfy the Immigration Officer that, since 1 March 1968, they have been given indefinite leave to enter or remain in the UK.

Persons described in paragraph 16 who produce a UK passport issued outside the Common Travel Area (CTA), or issued within the CTA on or after 1 January 1973, are subject to the normal 2 year rule, unless their passports bear the ‘right of readmission’ endorsement.