ILR VS UK passport

Few doubts in the form questions need answers below:

1. The principal of 2 years absence when ILR/PR holder lost its ILR/PR only applies to ILR holders or UK passport holders too?

2. When a family member of EU national gets ILR then later if both partners divorce then will it cause problem to non-eu national (ILR holder) while applying British passport after 12 months? Will he still need the supporting documents from ex-partner?

3. Can an ILR holder apply for British passport at any time after completing the required time usually 12 months?

Universal soldier wrote:Few doubts in the form questions need answers below:

1. The principal of 2 years absence when ILR/PR holder lost its ILR/PR only applies to ILR holders or UK passport holders too?

2. When a family member of EU national gets ILR then later if both partners divorce then will it cause problem to non-eu national (ILR holder) while applying British passport after 12 months? Will he still need the supporting documents from ex-partner?

3. Can an ILR holder apply for British passport at any time after completing the required time usually 12 months?

1. ILR holders only.

2. ILR holder if divorced etc doesn't need partners details but can't apply on three year residence rules if applied for FLR before Juy 2012 - can't be many left now

3. Yes can apply for ILR/BC at same time if married to a BC, after three years in UK on old rules, five on new.

Wanderer wrote:

Universal soldier wrote:Few doubts in the form questions need answers below:

1. The principal of 2 years absence when ILR/PR holder lost its ILR/PR only applies to ILR holders or UK passport holders too?

2. When a family member of EU national gets ILR then later if both partners divorce then will it cause problem to non-eu national (ILR holder) while applying British passport after 12 months? Will he still need the supporting documents from ex-partner?

3. Can an ILR holder apply for British passport at any time after completing the required time usually 12 months?

1. ILR holders only.

2. ILR holder if divorced etc doesn't need partners details but can't apply on three year residence rules if applied for FLR before Juy 2012 - can't be many left now

3. Yes can apply for ILR/BC at same time if married to a BC, after three years in UK on old rules, five on new.

Thanks for reply. In above scenario, if non-eu national has got the ILR through 10 years long residence basis then can he apply for BC after 12 months without having the details or treaty rights evidences of his ex-partner???

Wanderer wrote:
1. ILR holders only.

2. ILR holder if divorced etc doesn't need partners details but can't apply on three year residence rules if applied for FLR before Juy 2012 - can't be many left now

3. Yes can apply for ILR/BC at same time if married to a BC, after three years in UK on old rules, five on new.

I think you will find for BC, you still only need to be married for 3 years with last 12 months free of immigration control. Although, practically that's not possible because for be free of immigration control (ILR), you need to be in the country for 5 years.

But the scenario here is that the non-eu national got ILR through 10 years long residence instead of through the route of spouse of settled British person/family member of EU national. Then in such case if after getting ILR through 10 years long residence whether the non-eu national can apply BC after 12 months and the divorce from EU national won't affect it? Is that correct?

Oh yes, because the 10 year ILR trumps the time requirements by far...

As per my limited knowledge if a person got ILR at his own without the dependency of British/EU national via long residence then the divorce matter will be irrelevant to British citizenship. A person can simply apply BC after 12 months and his already spent 10 years more sufficiently meet the residence criteria of 5 years. Other seniors correct me if my writing has mistake.

But how about a UK passport holder that how long he can be absent from UK without loosing its UK passport status? Is there any time limit like 2 years for ILR holder?

Universal soldier wrote:But how about a UK passport holder that how long he can be absent from UK without loosing its UK passport status? Is there any time limit like 2 years for ILR holder?

None - Unless one has been fighting for ISIS in Syria.....

And after getting ILR what is the absence criteria during the next 12 months when British passport can be applied?? And whether having job is mandatory when upgrading from ILR to British passport??

I'm guessing that you mean naturalisation, rather than a British passport. No more than 90 days absent. Employment is not mandatory.

Thanks Vinny for reply. What's difference between naturalisation and British passport? Ain't an ILR holder can apply British passport after 12 months? And whether this 90 days absence refers to one single absence or the accumulation of multiple absences too during these 12 months??

You can only hold a british passport if you are a british citizen. You cannot hold one if you have ILR.

If you want a british passport - you first have to be naturalised - which means applying, meeting the right criteria and attending the ceremony. Once you have done that you can apply for a passport.

Universal soldier wrote:Thanks Vinny for reply. What's difference between naturalisation and British passport?

'Naturalization' means that you have been granted Citizenship with all its right and responsibilities. A passport is an identification document primarily used for travel between countries. Normally, a person must apply for and attain citizenship (or prove that they were born with it) before they can then apply for and obtain a passport for that country.

Universal soldier wrote: Ain't an ILR holder can apply British passport after 12 months?

No. There are several conditions that have to be met, and the ILR holder must specifically apply for citizenship. I held ILR for over 4 years before finally applying for citizenship. Until I got that citizenship, I did not qualify for a British passport. Automatic acquisition of British citizenship by adults is extremely rare. Typically only children have that happen (by birth or adoption).