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Is ILR status linked to only one passport for dual nationals?

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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Amanda123
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Is ILR status linked to only one passport for dual nationals?

Post by Amanda123 » Mon Apr 30, 2018 7:59 am

Hi,

My son is a dual US/Australian citizen, and our family has ILR here in the UK. As per the current system, our ILR is linked to an ID card, which we carry along with our passports when we travel.

My son nearly always travels on his Australian passport, except when we're travelling to the US, of course. The problem is that his Aussie passport needs to be renewed, but he would like to travel to Germany to see a friend before he's likely to get it back.

My question is whether the ILR card is linked only to his Australian passport? Or should he be able to travel using his US passport and his card?

Thank you!
A.

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zimba
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Re: Is ILR status linked to only one passport for dual nationals?

Post by zimba » Mon Apr 30, 2018 1:50 pm

ILR status is not linked to your nationality. You can enter the UK if you can prove to the officer at the border that you have ILR
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Amanda123
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Re: Is ILR status linked to only one passport for dual nationals?

Post by Amanda123 » Mon Apr 30, 2018 1:53 pm

Hi, many thanks for your reply. I don't want to appear rude, but may I ask you how you know this?

I ask because I've just got off the phone with a woman from the Home Office who had no idea how to even answer my question... seems people don't like what they don't understand! :shock: :?

Thanks again for responding to my question.

Cheers,
Amanda

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CR001
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Re: Is ILR status linked to only one passport for dual nationals?

Post by CR001 » Mon Apr 30, 2018 2:01 pm

The call centre is outsourced to a third party agent and they more often than not give out incorrect information and take no responsibility for it.
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vinny
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Re: Is ILR status linked to only one passport for dual nationals?

Post by vinny » Mon Apr 30, 2018 3:51 pm

A BRP has nationality information.
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Amanda123
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Re: Is ILR status linked to only one passport for dual nationals?

Post by Amanda123 » Mon Apr 30, 2018 5:25 pm

Ah, Vinny, you're right - on the back of his BRP, it says "Australian". I think that means it's a no re: trying to use the US passport... just asking for trouble (and delay).

Thank you all for the information

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marcnath
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Re: Is ILR status linked to only one passport for dual nationals?

Post by marcnath » Tue May 01, 2018 11:20 am

The key thing is to be sure on what basis the entry back into UK is. So, if the immigration officer stamps him in as a visitor (end date for visa), then the ILR will get invalidated.
Upon entry into the UK, only one type of entry can be valid. So, to make sure ILR remains valid, one always has to enter as a Returning Resident, not as a visa waiver visitor or any other category.
I have no idea if the officer will accept the BRP card with the US passport and admit him as a returning resident, but I would guess he would. But not sure if it is a risk I would take. Of course, there is the worst case option of leaving the UK from the airport if the officer does not agree and come in once he has the Australian passport.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

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zimba
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Re: Is ILR status linked to only one passport for dual nationals?

Post by zimba » Thu May 03, 2018 11:40 am

Here is a report that shows I am correct on the issue: indefinite-leave-to-remain/travelling-o ... l#p1630014
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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