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will home office form NQ still apply after renouncing British passport?

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

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ljm
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What if my British citizenship is cancled

Post by ljm » Thu Oct 01, 2015 8:12 pm

I now have both British citizenship and indefinite leave to remain. However my home country only allows keeping one status now. will it affect the indefinite leave to remain status if the British citizenship is cancelled? Because I still want to keep my original nationality.

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Casa
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Re: What if my British citizenship is cancled

Post by Casa » Thu Oct 01, 2015 8:34 pm

Official guidance on revoking British citizenship:
"Your right to live in the UK will be affected if you give up citizenship."

Also, British citizenship invalidates any ILR granted prior to becoming a British citizen. ILR will have ceased once the registration/naturalisation ceremony was completed.
(Casa, not CR001)
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Re: What if my British citizenship is cancled

Post by ljm » Thu Oct 01, 2015 8:42 pm

Casa wrote:Official guidance on revoking British citizenship:
"Your right to live in the UK will be affected if you give up citizenship."

Also, British citizenship invalidates any ILR granted prior to becoming a British citizen. ILR will have ceased once the registration/naturalisation ceremony was completed.
Thank you for your reply. What is ILR?

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Re: What if my British citizenship is cancled

Post by CR001 » Thu Oct 01, 2015 8:48 pm

ILR = Indefinite Leave to Remain

Your BRP will have been cancelled and ILR superceded by your citizenship, i.e. you do not hold ILR any longer.
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Casa
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Re: What if my British citizenship is cancled

Post by Casa » Thu Oct 01, 2015 8:53 pm

ljm wrote:
Casa wrote:Official guidance on revoking British citizenship:
"Your right to live in the UK will be affected if you give up citizenship."

Also, British citizenship invalidates any ILR granted prior to becoming a British citizen. ILR will have ceased once the registration/naturalisation ceremony was completed.
Thank you for your reply. What is ILR?
"I now have both British citizenship and indefinite leave to remain" That's what you'll lose - ILR :|
(Casa, not CR001)
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: What if my British citizenship is cancled

Post by noajthan » Thu Oct 01, 2015 9:27 pm

ljm wrote:I now have both British citizenship and indefinite leave to remain. However my home country only allows keeping one status now. will it affect the indefinite leave to remain status if the British citizenship is cancelled? Because I still want to keep my original nationality.
As explained above, you have a misunderstanding because if you are BC you no longer have ILR.

What is your other nationality?

Didn't you realise you can't have both (if that is the case) before you went to trouble/expense of naturalising?
All that is gold does not glitter; Not all those who wander are lost. E&OE.

ljm
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Re: What if my British citizenship is cancled

Post by ljm » Fri Oct 02, 2015 7:35 am

noajthan wrote:
ljm wrote:I now have both British citizenship and indefinite leave to remain. However my home country only allows keeping one status now. will it affect the indefinite leave to remain status if the British citizenship is cancelled? Because I still want to keep my original nationality.
As explained above, you have a misunderstanding because if you are BC you no longer have ILR.

What is your other nationality?

Didn't you realise you can't have both (if that is the case) before you went to trouble/expense of naturalising?
I didn't know I can't have both before expense. But will be the ILR resumed after cancel British nationality? Thanks

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Re: What if my British citizenship is cancled

Post by noajthan » Fri Oct 02, 2015 8:26 am

ljm wrote:I didn't know I can't have both before expense. But will be the ILR resumed after cancel British nationality? Thanks
You no longer have ILR so you can't go back to it.

As wisely posted above, by Casa:
Official guidance on revoking British citizenship:
"Your right to live in the UK will be affected if you give up citizenship."
If you revoke BC you will only have your other citizenship.
But your position in UK will be indeterminate as you won't have any UK visa.

Are you by any chance married to an EEA national?
(who is in UK?)
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Re: What if my British citizenship is cancled

Post by secret.simon » Fri Oct 02, 2015 1:05 pm

ljm wrote:my home country only allows keeping one status now.
Did your home country change the rules recently? It may be possible that it has some transitional provisions for people who got dual citizenship while it was legal to do so?

Your ILR ceased when you got British citizenship. If you now renounce British citizenship, your status in the country would be as an illegal overstayer.
noajthan wrote:your position in UK will be indeterminate as you won't have any UK visa.
On a point of interest, what is your country of origin?
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.

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will home office form NQ still apply after renouncing British passport?

Post by ljm » Mon Mar 19, 2018 12:48 pm

I have a question about renounce British citizenship. After the citizenship is cancelled, will be the Form NQ (Confirmation of the non-acquisition of British citizenship) still apply to me? In the form it needs to be confirmed that I have not acquired British citizenship for the purpose of renewing my national passport.
Thank you!

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Re: will home office form NQ still apply after renouncing British passport?

Post by secret.simon » Mon Mar 19, 2018 12:58 pm

ljm wrote:
Mon Mar 19, 2018 12:48 pm
After the citizenship is cancelled, will be the Form NQ (Confirmation of the non-acquisition of British citizenship) still apply to me?
I doubt it. That form is for people who have not acquired British citizenship. In your case, you obviously had acquired British nationality because only if you had acquired it can you renounce it.

Can you let us know which nation's passport you are trying to renew?
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.

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Re: will home office form NQ still apply after renouncing British passport?

Post by ljm » Mon Mar 19, 2018 1:04 pm

Thank you for your respond, I am taking Chinese passport, can I renounce British passport?

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Re: will home office form NQ still apply after renouncing British passport?

Post by ljm » Mon Mar 19, 2018 1:05 pm

secret.simon wrote:
Mon Mar 19, 2018 12:58 pm
ljm wrote:
Mon Mar 19, 2018 12:48 pm
After the citizenship is cancelled, will be the Form NQ (Confirmation of the non-acquisition of British citizenship) still apply to me?
I doubt it. That form is for people who have not acquired British citizenship. In your case, you obviously had acquired British nationality because only if you had acquired it can you renounce it.

Can you let us know which nation's passport you are trying to renew?
Thank you for your respond, I am taking Chinese passport, can I renounce British passport?

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Re: will home office form NQ still apply after renouncing British passport?

Post by CR001 » Mon Mar 19, 2018 1:07 pm

Char (CR001 not Casa)
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Re: will home office form NQ still apply after renouncing British passport?

Post by CR001 » Mon Mar 19, 2018 1:07 pm

ljm wrote:
Mon Mar 19, 2018 1:05 pm
secret.simon wrote:
Mon Mar 19, 2018 12:58 pm
ljm wrote:
Mon Mar 19, 2018 12:48 pm
After the citizenship is cancelled, will be the Form NQ (Confirmation of the non-acquisition of British citizenship) still apply to me?
I doubt it. That form is for people who have not acquired British citizenship. In your case, you obviously had acquired British nationality because only if you had acquired it can you renounce it.

Can you let us know which nation's passport you are trying to renew?
Thank you for your respond, I am taking Chinese passport, can I renounce British passport?
If you renounce British Citizenship, you won't have any status in the UK as your ILR is no longer valid. You would have to start from scratch again.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

ljm
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Re: will home office form NQ still apply after renouncing British passport?

Post by ljm » Mon Mar 19, 2018 1:12 pm

CR001 wrote:
Mon Mar 19, 2018 1:07 pm
ljm wrote:
Mon Mar 19, 2018 1:05 pm
secret.simon wrote:
Mon Mar 19, 2018 12:58 pm
ljm wrote:
Mon Mar 19, 2018 12:48 pm
After the citizenship is cancelled, will be the Form NQ (Confirmation of the non-acquisition of British citizenship) still apply to me?
I doubt it. That form is for people who have not acquired British citizenship. In your case, you obviously had acquired British nationality because only if you had acquired it can you renounce it.

Can you let us know which nation's passport you are trying to renew?
Thank you for your respond, I am taking Chinese passport, can I renounce British passport?
If you renounce British Citizenship, you won't have any status in the UK as your ILR is no longer valid. You would have to start from scratch again.
That is fine, I am entitled to ILR as I can apply for it again, just wondering if the form NQ still apply to me after renouncing british citizenship? And I am holding Chinese passport

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Re: will home office form NQ still apply after renouncing British passport?

Post by CR001 » Mon Mar 19, 2018 1:16 pm

I am entitled to ILR as I can apply for it again,
How are you 'entitled' to ILR???

You would have to start again from scratch with a visa and qualify for ILR all over again with either 5 or 10 years residence.
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Re: will home office form NQ still apply after renouncing British passport?

Post by muraenidae » Mon Mar 19, 2018 1:38 pm

He/she might qualify for ILR again immediately, claiming 10 years legal residence on any basis?

HOWEVER, I would definitely not risk this before speaking to a specialised lawyer. DO NOT renounce your British passport before getting professional advice. You may not be able to stay in Britain afterwards.

Worst case, you might end up having neither British nor Chinese citizenship. Your Chinese citizenship might have been lost the moment you took up British citizenship.

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Re: will home office form NQ still apply after renouncing British passport?

Post by shaneb » Mon Mar 19, 2018 3:05 pm

According to PRC Nationality law, you have automatically already lost Chinese citizenship, so you only have British citizenship now.

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Re: will home office form NQ still apply after renouncing British passport?

Post by ljm » Tue Mar 20, 2018 9:11 am

shaneb wrote:
Mon Mar 19, 2018 3:05 pm
According to PRC Nationality law, you have automatically already lost Chinese citizenship, so you only have British citizenship now.
do you mean the british government will not issue the renouncement of british citizenship to me? Because they know I have automatically lost Chinese citizenship?

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Re: will home office form NQ still apply after renouncing British passport?

Post by shaneb » Tue Mar 20, 2018 9:15 am

It means you face the possibility of having NO citizenship if you renounce British citizenship. Maybe you should phone your consulate and ask them what to do, as you don't seem to want to accept the multiple people telling you here.

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