Leaving UK - Commonwealth Citizen

[auck_nz]

Hello
I've searched the forum and have not been able to find an answer to this specific question:

I have ILR and intend to leave the UK. Normally this would result in cancellation of the ILR (> two years rule) however I read that if I was a member of the commonwealth (a British subject) then ILR would not be cancelled.

Can someone please clarify whether my ILR would be cancelled in this instance?

Thanks

[Lucapooka]

http://www.bia.homeoffice.gov.uk/policy ... 9/#header6

Exception to the two year rule for holders of certain United Kingdom passports
There are exceptions to the 2 year rule for certain returning residents who are holders of UK passports as follows:

i) Under paragraph 16 of the Rules if any of the following produce a UK passport issued in the UK and Islands or the Irish Republic before 1 January 1973, they should be admitted freely (unless the passport has been endorsed to show that they were subject to immigration control).

a British Dependent Territories Citizen (BDTC);
a British National (Overseas) (BN(0));
a British Overseas Citizen (BOC);
a British Protected Person (BPP);

a British Subject (BS) by virtue of section 30(a) of the British Nationality Act 1981(who, immediately before 1 January 1983 would have been a British Subject not possessing citizenship of the UK and Colonies or the citizenship of any other Commonwealth country or territory).

ii) Under paragraph 17 of the Rules, British Overseas Citizens (BOC) who hold UK passports wherever issued are also entitled to admission at any time as returning residents if they can satisfy the Immigration Officer that, since 1 March 1968, they have been given indefinite leave to enter or remain in the UK.

Those who benefit from (i) or (ii) above will normally have "Holder is entitled to re-admission to the United Kingdom" endorsed in their passport.

Those in (i) or (ii) who have a stamp showing indefinite leave to enter (ILE) or indefinite leave to remain (ILR) in their passports are entitled to readmission as returning residents at any time.

Persons described in (i) who produce a UK passport issued outside the Common Travel Area, or issued within the Common Travel Area on or after 1 January 1973, are subject to the normal 2 year rule unless their passports bear the 'RIGHT OF READMISSION' endorsement.

[auck_nz]

Thanks for your reply.

I find this wording quite confusing. The section that appears to be most relevant is:
a British Subject (BS) by virtue of section 30(a) of the British Nationality Act 1981(who, immediately before 1 January 1983 would have been a British Subject not possessing citizenship of the UK and Colonies or the citizenship of any other Commonwealth country or territory).

Does this mean that someone who who, prior to 1 January 1983, does not have citizenship of either the UK or a commonwealth country, and does have an ILR stamp, will be allowed back in?

Or does it mean that someone who who, prior to 1 January 1983,does have citizenship of either the UK or a commonwealth country, and does have an ILR stamp, will be allowed back in?

Thank

[asim72]

Hello
I've searched the forum and have not been able to find an answer to this specific question:

I have ILR and intend to leave the UK. Normally this would result in cancellation of the ILR (> two years rule) however I read that if I was a member of the commonwealth (a British subject) then ILR would not be cancelled.

Can someone please clarify whether my ILR would be cancelled in this instance?

Thanks

To cut the long story short, you are not a British Subject. You never have been. Citizen of Commonwealth is not a British Subject. You will loose your ILR if you are away for more than 2 years. Best way is, to apply for naturalisation if you qualify.