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If naturalisation is approved, can one return to ILR?

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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isla87
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Joined: Mon Aug 01, 2022 11:39 pm
Wales

If naturalisation is approved, can one return to ILR?

Post by isla87 » Sun Oct 08, 2023 1:11 am

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?

meself2
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Ireland

Re: If naturalisation is approved, can one return to ILR?

Post by meself2 » Sun Oct 08, 2023 1:19 am

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.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

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alterhase58
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Re: If naturalisation is approved, can one return to ILR?

Post by alterhase58 » Sun Oct 08, 2023 7:47 am

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.
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.

secret.simon
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Re: If naturalisation is approved, can one return to ILR?

Post by secret.simon » Sun Oct 08, 2023 11:18 am

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.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

isla87
Junior Member
Posts: 60
Joined: Mon Aug 01, 2022 11:39 pm
Wales

Re: If naturalisation is approved, can one return to ILR?

Post by isla87 » 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.

AmazonianX
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United Kingdom

Re: If naturalisation is approved, can one return to ILR?

Post by AmazonianX » Sun Oct 08, 2023 5:11 pm

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.

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