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ILR after Rennounce

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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shn12530
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ILR after Rennounce

Post by shn12530 » Sun Jan 29, 2017 12:43 pm

Hello there,
Just wondering if you have the answer. If we rennounce our British citizenship, what happened with the ILR that we have in other passport? Does it mean still valid, or we must apply for a new settelement visa again? :)

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Casa
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Re: ILR after Rennounce

Post by Casa » Sun Jan 29, 2017 1:08 pm

Renouncing British citizenship won't in itself revoke ILR. ILR ceases to exist once the ceremony has taken place and British citizenship has been granted.

Therefore if citizenship is renounced, there is no ILR to return to. :idea:
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Re: ILR after Rennounce

Post by HarryJones » Sun Jan 29, 2017 4:01 pm

Strange !!!!!

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Re: ILR after Rennounce

Post by Casa » Sun Jan 29, 2017 4:17 pm

HarryJones wrote:Strange !!!!!
Why exactly :?:
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Re: ILR after Rennounce

Post by noajthan » Sun Jan 29, 2017 4:22 pm

ILR is not indefinite its finite!
And BCs can't hold visas for UK.
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Re: ILR after Rennounce

Post by Casa » Sun Jan 29, 2017 4:26 pm

Consider ILR as something that is no longer valid and can't be reactived once BC is granted. :idea:
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

shn12530
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Re: ILR after Rennounce

Post by shn12530 » Tue Jan 31, 2017 10:05 pm

The process will be happened;
- Renounce BC
- An intention to stay in UK
- Will I reapply for a returning resident visa?

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Re: ILR after Rennounce

Post by CR001 » Tue Jan 31, 2017 10:10 pm

If you renounce your BC, you will have no legal status in the UK and will likely have to leave. Any intention to return will be a visa you qualify for and starting from scratch again.
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shn12530
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Re: ILR after Rennounce

Post by shn12530 » Tue Jan 31, 2017 10:24 pm

I read in other topic; we can reapply visa as a returning resident instead from square one again without need to leave UK?

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Re: ILR after Rennounce

Post by secret.simon » Tue Jan 31, 2017 10:31 pm

Also see similar thread and this archive for guidance for returning resident applications.

Two key observations
a) ILR is a purely domestic status within the UK and the person will be treated as a non-EEA national when traveling in the EU (before Brexit).
b) British citizenship carries with it right of abode, the right to live in the UK. ILR, like any other leave, is a grant and can be revoked much more easily than citizenship.

Also, if a person renounces British citizenship and applies for ILR (perhaps under the returning resident system), would the Home Office not look suspiciously at an application of a person who has just renounced his allegiance to the country, but who wishes to stay in it?

And a quick question: why do you wish to renounce British citizenship and still remain here?
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shn12530
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Re: ILR after Rennounce

Post by shn12530 » Tue Jan 31, 2017 10:57 pm

Reasons ; national patriotic for country; all families live there; lack of knowledge that dual citizenship is not allowed.

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Re: ILR after Rennounce

Post by secret.simon » Tue Jan 31, 2017 11:04 pm

It is of course your choice as to which citizenships you wish to hold. If you feel that your loyalties to your country of origin outweighs your allegiance to the UK, you would be absolutely right in renouncing British citizenship.

However, to the best of my knowledge, nobody on these forums has untaken the path that you are looking at. You will be the pioneer, going where nobody has gone before. So, go through the route if you feel the need to and let us know how it went.
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shn12530
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Re: ILR after Rennounce

Post by shn12530 » Wed Feb 01, 2017 1:03 pm

Dear all,
Thank you for your replies and advice.

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Re: ILR after Rennounce

Post by iworker » Wed Feb 01, 2017 2:33 pm

I have no doubts in secret simon and casa suggestions, and i agree with them too.
However, i have an example in front me.
A pakistani national moves to UK in 80s, marries british born national, has kids within uk, and lives here permanently.
He then decides to take up a political position in pakistan, and renouces BC to take up the political role there. He is however currently using his ilr which he got in late 80s/early 90s to this date to enter/exit the uk. He has been doing this for over 6 years now. Not sure if he is connected with HO maybe?

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Re: ILR after Rennounce

Post by CR001 » Wed Feb 01, 2017 2:41 pm

iworker wrote:I have no doubts in secret simon and casa suggestions, and i agree with them too.
However, i have an example in front me.
A pakistani national moves to UK in 80s, marries british born national, has kids within uk, and lives here permanently.
He then decides to take up a political position in pakistan, and renouces BC to take up the political role there. He is however currently using his ilr which he got in late 80s/early 90s to this date to enter/exit the uk. He has been doing this for over 6 years now. Not sure if he is connected with HO maybe?
His ILR will be a vignette in his old passport and hence probably why not questioned. Now the BRPs with ILR have to be returned to HO to be destroyed once ceremony is attended.
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Re: ILR after Rennounce

Post by secret.simon » Wed Feb 01, 2017 2:46 pm

Is the Pakistani politician with family in the UK by any chance a Glaswegian?

How do you know that he is entering the UK on the basis of his ILR? There are at least four other possible ways that he could be entering the UK.

a) Both the UK and Pakistan allow dual citizenship. It is therefore possible to retain both citizenships. It is possible that he renounced his British passport, not citizenship, and got a CoE-RoA in his Pakistani passport. That would allow him to enter and exit the UK as a British citizen using his Pakistani passport.
b) He could have been issued a limited leave to remain based on his family connections to the UK.
c) He may be issued a long-term visit visa on the basis of his family connections and taking into account that he is unlikely to overstay due to his political post.
d) He could be travelling on a Pakistani diplomatic or official passport, which may have fewer restrictions on entry to the UK than an ordinary Pakistani passport.

Thus it is not straightforward to assume that he is returning to the UK based on his previous ILR.

@CR001, the OP also talks of "ILR that we have in the other passport". So, it sounds like he has also got it as a vignette and not as a BRP.
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Re: ILR after Rennounce

Post by iworker » Thu Feb 02, 2017 10:03 am

@simon.
No, not him.
Because of my feeble knowledge of some immigration rules, i asked this from his sister in law, who said he got in touch with solicitors who assured him that his original ilr is still valid, before him renouncing the nationality.
He was once de-seated/annulled from his post due to holding dual nationality, so i would have thought that he did renounce the nationality as a whole.
Anyway, besides the vignette , the OP doesn't have anything common with him, particularly not the political backing to say the least.

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