Cancellation of ILR at border control, Heathrow.

[Quicksilver66]

Hi

I have a question about my wife's ILR.

My wife was initially granted ILR and then obtained a British passport some years ago. She is Chinese, which means that under Chinese law she cannot hold dual nationality. So far, she has successfully kept her Chinese passport, despite it theoretically being cancelled the minute she acquired British citizenship. But the Chinese authorities know nothing of this. She wants to keep her Chinese passport because she owns property in China and is a business investor in China, and holding her Chinese passport simplifies this considerably, plus she still wants to feel connected to the country of her birth and where she has family.

She always uses her UK passport except when travelling to China, when she uses her Chinese one with its ILR Visa stamped inside. Her reasons for doing this are obvious - to conceal her UK passport from China. However, on return yesterday from Heathrow she was told by Border Control that she could no longer do this and they cancelled her ILR visa by stamping it. They understood why she wanted to keep it, but said it had to be cancelled as it was unlawful to admit her to the UK on inferior terms to those provided by her passport.

This makes no sense to me as she has a British passport which trumps the two year restriction in the ILR. The old ILR was a convenience to her and does not involve any kind of fraud on the UK immigration system. I don't understand why they could not accept this and leave the ILR visa intact.

Any views appreciated. Could she appeal this cancellation by explaining her circumstances. Or could she get a Right of Abode endorsement in her passport instead?

Thanks

[CR001]

They are correct.

A British citizen cannot hold a uk immigration status. ILR ceases to be valid when you become British.

Your wife wanting to cheat the system in China is not a ukvi issue.

For a RoA in her Chinese passport, which is also no longer valid, she cannot hold a British passport. You can knky hold a RoA sticker OR a British passport, not both.

RoA also expires when a foreign passport expires and has to be applied for each time when a new foreign passport is applied for.

Not sure how long she could continue to deceive the Chinese authorities.

When did she become British?

[Quicksilver66]

Yes, I guessed something would catch up with her in the end.

She became British in 2011. She had been using the ILR visa page in her old passport as proof of her UK status when checking in with the airline at the airport. Chinese border control had never asked to see it, only the airline check in staff when issuing her boarding pass. She has been doing this for a number of years and it was never previously an issue with UK border control who always let her in with some stern words about the need to use her UK passport when entering the UK, but never before stamping the old visa as cancelled.

[CR001]

So she was warned and knew.

Also, since late last year, any visa or ILR holders were required to sort out their e-visas. A British citizen wouldn't have been able to do that with an old 2011 ILR sticker.

[secret.simon]

When is your wife's British passport due to expire?

Instead of renewing it, she can choose to apply for an CoE-RoA in her Chinese passport. All it does is state that she has Right of Abode in the UK and not her nationality. So that should be acceptable in China.

But, as already mentioned by CR001 above, she can hold either a British passport or a CoE-RoA in a non-British passport, not both.

Of course she should also be aware that effectively she will be treated as solely a Chinese citizen globally. She would not be able to call on British consular assistance anywhere in the world, for instance, because she will not have a British passport. And she would not have access to any visa-free travel as a British citizen (again, because her passport will not be British).

So she will need to weigh her options between those two choices above.

[Quicksilver66]

Hi

She renewed her passport about two years ago so she has a good while to run on it. Is there any way she could cancel her current passport and apply for a right of abode to be endorsed on her Chinese passport?

[zimba]

As you have already been extensively advised, her ILR was not cancelled at the border. She lost her ILR status the moment she became British and upon attending her citizenship ceremony. The border staff just reflected that on the invalid document she was holding.

With a valid UK passport, she will not be eligible to apply for CoE. I guess one way to cancel her passport is that she has to report it as lost. The passport will be cancelled and then she should be able to apply for a CoE.

[Quicksilver66]

Thanks Zimba.

I called the Home Office help line and they confirmed she could apply for a COE but first of all had to complete form RN to renounce her UK citizenship. I don't think she wants to formally renounce her citizenship. Would "losing" the passport be a better option or is the result the same in both cases?

They did say she would have no difficulty getting a COE or reapplying for a passport at a later stage.

Thank you to all who have responded.

[CR001]

The helpline is outsourced to a third party agency. Their advice is incorrect.

Only a British citizen can apply for RoA so obviously renunciation doesn't make sense.

For CoE RoA, she cannot have an active passport, as already advised.

[Quicksilver66]

Thanks CRO01. Yes, I thought the advice didn't stack up as well.

[zimba]

Thanks CRO01. Yes, I thought the advice didn't stack up as well.

That advice was indeed rubbish.
Report her passport as lost and then apply for CoE with her home passport. That is it

[glas195]

sorry for re-routing the thread but I found this topic really interesting as someone who equally comes from a country where dual citizenship is not allowed.

If they apply for a CoE to RoA in their chinese passport, what is the procedure like if they later on want their british passport back?

[CR001]

sorry for re-routing the thread but I found this topic really interesting as someone who equally comes from a country where dual citizenship is not allowed.

If they apply for a CoE to RoA in their chinese passport, what is the procedure like if they later on want their british passport back?

They simply apply for a British passport. The CoE RoA sticker will then be cancelled.

You should start your own topic with your queries please.