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If naturalisation is approved, can one return to ILR?
Posted: Sun Oct 08, 2023 1:11 am
by isla87
I'm asking on behalf of my brother, who applied before me and got approved recently. He's due to attend his ceremony in a week and is having second thoughts about losing his Nepalese citizenship.
If he attends the ceremony, can he keep his Nepalese citizenship if he then chooses not to get a passport?
Re: If naturalisation is approved, can one return to ILR?
Posted: Sun Oct 08, 2023 1:19 am
by meself2
No, it doesn't work that way.
He's British once he attends the ceremony and gets naturalization certificate, as that's what makes him a British citizen. Having (or not having) a passport doesn't change it.
He can renounce it later, but that would not entail him to any status in the UK. See
post2039559.html#p2039559 and subsequent topics for more detailed discussion.
Re: If naturalisation is approved, can one return to ILR?
Posted: Sun Oct 08, 2023 7:47 am
by alterhase58
British law is not concerned with your other nationalities you may hold. It would be down to Nepalese law whether dual citizenship is allowed.
British passport is not proof of citizenship, it’s the certificate that confers citizenship.
The only way to keep ILR is not to attend the ceremony, ie not become British. Of course all the fees are lost.
Re: If naturalisation is approved, can one return to ILR?
Posted: Sun Oct 08, 2023 11:18 am
by secret.simon
If naturalisation approved, but citizenship ceremony not attended,
- No change in status. Person remains on ILR.
If naturalisation approved, citizenship ceremony attended and naturalisation certificate received,
- Person is a British citizen otherwise than by descent from the date of the ceremony. Their ILR is extinguished as a British citizen can't hold any leave, including ILR.
If naturalisation approved, citizenship ceremony attended and naturalisation certificate received, then person renounces British citizenship,
- Person had no legal status in the UK. ILR does not revive as it has been extinguished when British citizenship was acquired.
If person has lived in the UK for 10 years, they may be able to reapply for ILR based on Long Residence. But that is another application, not automatic.
If person acquired ILR based on another route, they'd have to start the whole immigration journey from scratch again.
Re: If naturalisation is approved, can one return to ILR?
Posted: Sun Oct 08, 2023 1:32 pm
by isla87
Thank you for the replies.
So that means he can change his mind before he attends the ceremony. He waited ten years to get ILR and then waited four years to apply for naturalisation. Nepal doesn't recognise dual citizenship, which is why he and I waited a while before applying for citizenship.
Re: If naturalisation is approved, can one return to ILR?
Posted: Sun Oct 08, 2023 5:11 pm
by AmazonianX
isla87 wrote: ↑Sun Oct 08, 2023 1:32 pm
Thank you for the replies.
So that means he can change his mind before he attends the ceremony. He waited ten years to get ILR and then waited four years to apply for naturalisation. Nepal doesn't recognise dual citizenship, which is why he and I waited a while before applying for citizenship.
If ceremony is not attended and does not pick up naturalisation certificate he does not become British.