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Travel on ILR (Visa Returning Resident old paper type) while having UK citizenship and passport. Advice needed please

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qip
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Travel on ILR (Visa Returning Resident old paper type) while having UK citizenship and passport. Advice needed please

Post by qip » Thu Mar 31, 2022 9:40 pm

Hi forum,
I need some advice please:
I have 2 Ukraine passports (1 expired with double punch holes(with visa), 1 is current).
I have a British passport too.

Now there is an issue, I will require to travel outside the UK to pick up my brothers wife and children from Poland who escaping from Ukraine (waiting for visas currently), issue is, my British passport have been sent for renewal and I afraid according to reports it could be well over a month waiting time.

I have an option to travel on Ukraine passport where I have Resident return visa which has been activated back in 2008. It has 2 years activation period, but it is indefinite after activation is done. Last travel was in 2012 with this visa. And in 2012 I became a British citizen and used British passport ever since.

Now big question:
Would I be able to travel on this resident return visa from and back into UK?
I know there are rules now for BRP that you have to cut it and send it, but back in 2012 we didn't have that rule, because visa itself is glued on passport page. So in other words is my visa is still valid and can I use it?
Visa Type: "Visa Returning Resident"
Observation: "Indefinite Leave to Enter the UK"

I would really appreciate your advice.
Many thanks

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alterhase58
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Re: Travel on ILR (Visa Returning Resident old paper type) while having UK citizenship and passport. Advice needed pleas

Post by alterhase58 » Fri Apr 01, 2022 1:35 pm

I am sorry to hear about the issues you are facing at this worrying time.

Using a Ukrainian passport do you need a visa to transit the EU? And to board for the return journey, would a carrier accept the ILR in a passport that has clearly been cancelled?

In terms of entering the UK, effectively your ILR doesn't exist any more as you are British and no longer under UK immigration control. You have an automatic "right of abode" in the UK and cannot be refused entry. If you have any expired UK passports and your naturalisation certificate you could show them at the UK border on your return and explain. First, maybe chase up HMPO urgently for the passport renewal and explain the situation (google passport helpline).

I must stress this is not from personal experience so I cannot give you a definite answer - there is very little in terms of official guidance around documents (though the "right of abode" is enshrined in the regulations).
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

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