Post
by secret.simon » Fri May 20, 2016 7:31 pm
ILR, PR and British citizenship are all different statuses as per different laws in different areas.
ILR is indefinite leave to remain in the UK. You still retain your original citizenship, which you may have a particular attachment to. It entitles you to certain rights in the UK. So, you are treated as settled in the UK. If a Commonwealth citizen with ILR, you could be an MP or peer in the Lords. Your children born in the UK are automatically British citizens. But, it is a purely domestic status granted by domestic law and has no international recognition. It is thus the easiest to revoke or modify the rights to.
ILR is granted under the UK Immigration Rules, which is governed by the Immigration Act 1971.
PR is acquired automatically on meeting the requirements of Directive 2004/38/EC and the EEA Regulations that transpose it into UK law. That is a status under EU law that can be enforced under that system. So, it is a semi-international status in that it is not purely domestic.
British citizenship is a form of British nationality in that the UK is responsible for you when traveling or residing internationally. That is the significance of the passport; that the country stands behind you when you are abroad. And that is why a British passport or US passport is more valuable than, say a Somali passport or an Iraqi passport. There are international implications and international law involved when citizenship is granted or withdrawn.
British citizenship is issued under the provisions of the British Nationality Act 1981, as amended.
As an aside, passports are issued under the Royal Prerogative (which is administered by ministers in the Queen's name, not the Queen herself), a completely different source of the law. But as it is administered by the Home Office, it can be associated with the citizenship process (the JCAP).
Also, in most other countries, it is the foreign ministry that issues passports, not the Home ministry. But in the UK, as passports are closely associated with citizenship, it is the Home Office that administers both.
As the three statuses operate at completely separate levels and under separate rules and laws, they can't be merged together.
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.
