ILR Holder + British Ciritzen returning after 2 years

My father is a naturalised british citizen however prior to this, he was given an ILR (stamped on his non british passport of an asian country). His home country does not allow dual nationals therefore he has been using non british passport with the ILR to travel to his home country.

Having said that, he has been a resident in the UK for over 20 years, owns a property here (currently rented out) but last couple of years, he had to return to his home country to look after an ill family member and covid happenned.

He is now looking to return back to UK for settlement and start work again since the economy is opening up again(hes a contractor). Just for arguments sake, on the offchance he surpasses the 2 years limit, what would happen? Surelly he cannot be denied entry since hes a british citizen also?

bibekpd wrote: ↑

Sun May 23, 2021 9:49 am

Surelly he cannot be denied entry since he is a british citizen also?

That is correct. There is no limit on the time BCs can spend abroad

If your father has naturalised as a British citizen, then his ILR has automatically been invalidated (as British citizens can't hold a visa to enter the UK) and he is no longer an ILR holder.

He should apply for a CoE-RoA (which states that he has the Right of Abode in the UK, but does not state that he has British citizenship).

A CoE-RoA is only valid for the lifetime of the passport that it is issued on. So if his passport has only a few months to expiry, he may want to look at renewing his non-British passport and then applying for a CoE-RoA.

Assuming that your father is a Nepali citizen (based on your earlier posts), keep in mind that he may almost certainly be breaking Nepali law by using a Nepali passport after naturalising as a British citizen. But that is a matter for Nepali law, rather than British law.

@secret.simon

My understanding was that if one holds a UK passport you cannot apply for CoE-RoA - quote from page 8 of the guide:

"If you hold a UK passport describing you as a British citizen, or as a British subject with the right of abode in the UK, you will not qualify for a certificate of entitlement. If you already have a valid certificate of entitlement in another foreign passport, you will not qualify for a further certificate of entitlement."

alterhase58 wrote: ↑

Sun May 23, 2021 1:05 pm

@secret.simon

My understanding was that if one holds a UK passport you cannot apply for CoE-RoA

You are correct.

In this case, the OP has stated that his father uses his non-British passport with an ILR stamp to travel. By that, I presume that he does not have a British passport.

bibekpd wrote: ↑

Sun May 23, 2021 9:49 am

he has been using non british passport with the ILR to travel to his home country

bibekpd wrote: ↑

Sun May 23, 2021 9:49 am

he has been using non british passport with the ILR to travel to his home country.

This suggests that he also has a British passport which presumably he has been using when entering the UK

Apologies for late response.
I did not get any notifications on my email for replies so only just seeing the responses.
Thank you all for your replies so far.
Just to confirm, yes, be also has a British passport (which I am looking after) therefore he cannot apply for CoE-RoA?

I guess the hypothetical question was on his arrival in the UK in the near future, if he were to exceed the 2 years timeframe, unless he discloses he's also a BC, he is likely to be denied entry?
Are immigration officers being told to be lenient due to the pandemic or will it not play a part?

Thanks

bibekpd wrote: ↑

Tue May 25, 2021 10:02 pm

be also has a British passport (which I am looking after) therefore he cannot apply for CoE-RoA?

Yes, if he has a British passport, he can't apply for a CoE-RoA.

The UK authorities may not force you to have a British passport to enter the UK, but they try to ensure that you can only enter the UK on a single travel document.

For ILR holders, ILR lapses automatically (by operation of the law) after an absence of more than two years from the UK. That is not something that the Immigration Officers have control over (i.e. they don't cancel the ILR, it has already lapsed).

In your father's case, his ILR has already been invalidated by his naturalising as a British citizen.

What is likely to happen if your father returns after a period of two years absence from the UK is that he will likely be detained at the airport while his British citizenship is verified. He will be allowed in, but the ILR vignette in his non-British passport will likely be stamped with a stamp indicating invalidity or something similar. You can see the similar case of a naturalised British citizen with an ILR BRP having his BRP confiscated on his return to the UK.

It could get even worse. The Wikipedia article on Indian citizenship states that British embassies would return the Indian passports of British citizens with Indian passports (India also being a country that does not allow dual citizenship) to their Indian counterparts, as the British authorities were aware that the Indian passports were no longer valid after the Indian citizens had naturalised as a British citizen. Keep in mind that passports and national identity cards always remain the property of the national government issuing them, not of the passport holder themselves.

So, if the immigration officials become aware that your father has actually lost their non-British citizenship when they naturalised as a British citizen, it is possible that your father's non-British passport may be confiscated at the airport and passed back to that country's embassy, rather than being returned to him.

Hi, does your father have BRP card? Your dad should have no time limit and should be able to enter/return any time within 5 years I reckon. Also maybe you could register post/courier the passport to him

https://www.citizensadvice.org.uk/immig ... t-for-you/

bibekpd wrote: ↑

Sun May 23, 2021 9:49 am

My father is a naturalised british citizen however prior to this, he was given an ILR (stamped on his non british passport of an asian country). His home country does not allow dual nationals therefore he has been using non british passport with the ILR to travel to his home country.

Having said that, he has been a resident in the UK for over 20 years, owns a property here (currently rented out) but last couple of years, he had to return to his home country to look after an ill family member and covid happenned.

He is now looking to return back to UK for settlement and start work again since the economy is opening up again(hes a contractor). Just for arguments sake, on the offchance he surpasses the 2 years limit, what would happen? Surelly he cannot be denied entry since hes a british citizen also?

sonimukhia wrote: ↑

Sun Jun 06, 2021 11:54 am

does your father have BRP card?

bibekpd wrote: ↑

Sun May 23, 2021 9:49 am

he was given an ILR (stamped on his non british passport of an asian country)

I suspect that the father does not have a BRP.

In any case, the Border Force can confiscate the ILR BRP of a naturalised British citizen as it is no longer valid. See this thread.

sonimukhia wrote: ↑

Sun Jun 06, 2021 11:54 am

Your dad should have no time limit

The "No Time Limit" applies to time within the UK. There is no time limit on how long you can reside within the UK. ILR lapses automatically if the holder has lived outside the UK for two continuous years.

Yes you're correct, he does not have a BRP card. It's just the ILR vignette stamped on his passport.

Thankfully international flights seems to be resuming so he will be back in just in time.

Thanks for your replies.