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Visit guidance > People who are British citizens or who have the right of abode.AB (British citizenship: deprivation; Deliallisi considered) Nigeria  UKUT 451 (IAC) wrote:(3) A person who had indefinite leave to remain in the United Kingdom, immediately before acquiring British citizenship, does not thereby become entitled to indefinite leave to remain, upon being deprived of such citizenship under section 40 of the 1981 Act. Leave to remain is effectively extinguished by becoming a British citizen, since the system of controls under the Immigration Act 1971 does not apply to British citizens.
The reason for the confusion is that people often assume that one country's citizenship has anything to do with any other country's citizenship. This is particularly confusing for those from countries that themselves don't normally allow dual/multiple citizenship. To be blunt, what India thinks about the child's citizenship only matters to India. India is a separate sovereign nation and its own laws apply only to itself. The UK is likewise a separate sovereign nation whose citizenship they can bestow as they wish.raviskar wrote:Hi,
Both myself and my wife has ILR (from March 2013) and the same is the case for our first child. We have got out second child born in July 2014. We do not plan to get British citizenship for any of us, as we are planning to return back to India in next couple of years.
So, I have applied Indian passport for our second child, and am planning to apply ILR for him. But I am confused on whether I can apply ILR for him or not.
One of my friends who was in the similar situation has successfully received ILR for his new born.
But when I called HomeOffice today, they were not sure which application I need to make for my second child. They have told me that one of their higher officials will call me to clarify:-)
Also, when I look at some of the threads like http://www.immigrationboards.com/britis ... 19338.html, it looks like HomeOffice can refuse ILR on the ground that the child is a British citizen by birth (the child is born in UK and both the parents has ILR).
Anyone knows what are the exact rules around this?
I also see that we can go through the route of "certificate of entitlement" attached to the child's Indian passport? Would it be considered as a valid document in non-UK airports?
We are planning a India trip in Dec 1st week. Any help on this topic would be very much appreciated.
This is strictly a UK entitlement. Other countries have their own arrangements for such things and will not necessarily know or care about the UK's particular travel allowances.raviskar wrote: Do you know if the 'certificate of entitlement' attached to the Indian passport is considered as a valid travel document in non-UK airports (especially in India)?
raviskar wrote: Also, the UKVI link 'https://www.gov.uk/right-of-abode/apply ... ntitlement', says that the decision can take up to 6 months. Is there are any fast decision process like in-person appointment?
Any UK citizen attempting to apply for a UK visa (including ILR) will automatically be rejected do to obviousness and common sense. And as a British citizen, the child's status is already 'inconsistent' with the rest of the family.raviskar wrote:If I am allowed, I would prefer to apply for ILR itself, as it will be consistent with my other family members status in UK. Is it sure that they will reject the ILR application or is it a grey area and depends on the visa officer at the ILR premium appointment? Also, if they reject the ILR application on this basis, will they refund the ILR fees paid?
A blundering mistake on their part. Maybe they were just happy to take your money? They do seem to have acquired some avarice over the last few years.raviskar wrote:I am glad to tell that the ILR application for our child was successful today.
Typical and similar to my own initial experience with them many years ago.raviskar wrote:I was receiving contradicting answers from Home office whenever I contacted them earlier.
Typical.raviskar wrote:First time they were not sure...
Outright wrong.raviskar wrote:...second time they told that I can apply for ILR
The correct advice finally. Third time's a charm.raviskar wrote:..third time they told me through email that I need to apply for certificate of entitlement.
I assure you it is not vague at all. A British citizen does not need a visa of any kind, and certainly not ILR! This is just plain common sense.raviskar wrote:This looks like a very vague area,
raviskar wrote:...from my experience it looks like if we push for some other country nationality,