Individuals who hold Indefinite Leave to Remain (ILR), including Settled Status under the EU Settlement Scheme, and those who have naturalised as British citizens, have a number of similar entitlements. However, both statuses are not the same and do not confer identical rights. In this article, we discuss their key differences and highlight the fact that obtaining British citizenship continues to be the most desirable option for those wishing to make the UK their home.
ILR and British citizenship are similar in that individuals with this status are able to live, work, study, receive benefits, and access the NHS healthcare system in the UK. They can also sponsor family members to join them and can travel to and from the UK freely. However, there are a number of ways in which ILR falls short of the entitlements granted to British citizens, which means that applying to naturalise is often a popular choice.
Key differences between Indefinite Leave to Remain (ILR) and British citizenship
There are a number of key differences between ILR and British citizenship, including:
Immigration vs. nationality status
ILR, also known as ‘settlement’, and British citizenship status are not the same. ILR is an immigration status which is granted to individuals who, in most cases, have successfully completed a period of qualifying residence in the UK. The length of residence required may depend on the immigration route taken by the individual. There are different ways to qualify for ILR based on the individual’s circumstances (i.e., under the Skilled Worker route, having a family visa, or after completing ten years’ continuous residence in the UK).
Once an individual has obtained ILR, they are considered ‘settled’ in the UK, which means that there are no longer restrictions on their ability to live and work in the UK indefinitely. ILR holders can leave and re-enter the UK freely, with certain limitations, as explained below.
Obtaining ILR is a pre-requisite for those wishing to naturalise as British citizens. Unless married to a British citizen, individuals usually have to wait 12 months after being granted ILR to apply. The decision to become British is optional and it would largely depend on the individual’s personal and financial circumstances as well as their future intentions in the UK.
British citizenship, by contrast, is one of six different types of nationality status that exist in the UK. Generally speaking, the other types (i.e., British overseas territories citizen, British overseas citizen, British subject, British national (overseas) and British protected person) do not automatically confer to its holders the right to enter, leave, live and work in the UK without being subject to immigration controls. British citizenship status may be acquired automatically, at birth, by adoption, or through naturalisation (adults) and registration (adults and children). Obtaining British citizenship means that an individual will be a UK national and will benefit from additional rights and protections.
Absences
Unlike British citizenship, which is granted for life, ILR can automatically lapse in certain circumstances, the most common being if an individual remains outside the UK for a continuous period of two years at a time. This maximum absence limit increases to five or four years (for Swiss nationals only) if ILR was obtained under the EU Settlement Scheme. An individual may still hold a Biometric Residence Permit (BRP) or another type documentation showing their ILR status, but the truth is that it would no longer be valid. Returning to the UK for even a day would stop the automatic loss of ILR.
The above means that, despite of its name, ILR may not always be ‘indefinite’, in practice. Those wishing to return to the UK to live long term and get their ILR status reinstated, after has been lapsed, will need to apply for a visa to re-enter the UK before travelling (‘Returning Resident visa’). The requirements for this type of visa are set out in Appendix Returning Resident of the Immigration Rules.
In most normal circumstances, British citizenship status will not be lost if an individual decides to relocate or retire abroad and will not automatically lapse due to absences from the UK.
Revocation and deportation
ILR status can also be subject to revocation in certain circumstances at the discretion of the Home Office, such as when an individual is liable to deportation (usually after having being convicted of a serious criminal offence) but cannot be removed for legal reasons (i.e., due to the UK’s obligations under the Refugee Convention or the European Convention on Human Rights (ECHR)), if ILR has been obtained by deception, or if an individual was granted permission as a refugee and ceases to be a refugee.
If ILR is revoked, the individual will be left with no permission at all, and they may therefore be liable to removal and detention. Furthermore, individuals holding ILR are also not immune from deportation if they are convicted of a criminal offence in the UK. If an individual is deported from the UK, their ILR will be invalidated.
Unlike ILR, deportation action cannot be taken against a British citizen, therefore it confers enhanced security in this respect. In addition, once acquired, British citizenship status cannot be revoked other than in very exceptional circumstances. The Home Office’s power of depriving an individual of British citizenship is almost always used in the context of national security (i.e., terrorism) or if the individual had obtained citizenship by fraud.
Children
Children who are born in the UK whilst one of their parents have ILR will normally be British citizens automatically at birth. Children born overseas will not. Those with ILR may be able to apply for their child to naturalise as a British Citizen so long as they are under the age of 18.
In contrast, children born in the UK or overseas to parents who have naturalised as British citizens are themselves British citizens. This is beneficial in terms of securing their access to education, healthcare, work in the UK and their ability to pass on their nationality to future generations.
Civic and political rights
Having ILR does not confer the right to vote in the UK. EU nationals can vote in local elections. In contrast, British citizens have the right to vote in all elections. They are also able to run for public office which may be of interest for those individuals wishing to get involved in politics and in shaping policies in the UK.
Right to hold a British passport and travelling overseas
The right to hold a British passport is reserved to British citizens. British passports remain one of the most advantageous passports worldwide. Having a British passport allows individuals to travel on a visa free, or visa on arrival basis, to numerous destinations, improving the opportunities for travel and tourism overseas.
ILR holders are not entitled to hold a British passport. They are required to travel with their home country passport/travel document and their original BRP/digital status confirming they have been granted ILR. They also need to be careful, if they wish to keep their ILR valid, that they must return to the UK within two years, or five/four years, if ILR was granted under the EU Settlement Scheme.
International protection and support
British citizens are entitled to receive full protection and support from the UK government both in the UK and internationally. This may include assistance from British embassies and consulates worldwide, which can be essential in cases of emergencies and natural disasters. ILR holders are not able to access such protections.
Practical aspects to consider when making an application to naturalise as a British Citizen
Individuals with ILR who wish to become British are required to make an application to naturalise as a British citizen. The requirements for this, and the application process, is different to the process they followed to settle in the UK.
Application process
Individuals who want to apply for naturalisation as a British citizen must satisfy many requirements such as:
- they are over 18 years old;
- they are of good character and sound mind;
- they have sufficient knowledge of English language and have passed a Life in the UK test;
- they have not broken any immigration laws whilst in the UK;
- they intend to make the UK their principal home;
- they have spent less than 90 days outside of the UK in the last 12 months; and
- they have lived in the UK for at least five years before the date of application and they have spent less than 450 days outside the UK during the five year period or, if married to a British citizen, they have lived in the UK for at least three years before the date of application and they have spent less than 270 days outside the UK during the three years, and
- they are settled in the UK and have been free from immigration control for at least 12 months unless married to a British citizen.
You can find our guidance on naturalisation applications here: Naturalisation as a British Citizen Guidance | Carter Thomas
Costs
Applying to naturalise as a British citizen is not cheap. The current Home Office fee is £1,630 (which includes the citizenship ceremony fee of £130) and £1,214 for applications to register as British for children. In addition, individuals are required to attend a biometric appointment as part of the application process. If there are no free biometric appointments, these appointments costs between £90-300, depending on the visa centre, date and time.
Dual nationality
Whilst the UK allows its citizens to hold dual nationality, many other countries require their citizens to give up their nationality when becoming British. We therefore recommend that prior to making an application to naturalise as a British citizen, individuals seek advice on the nationality rules of their home country.
Conclusion
Becoming a British citizen is an important milestone. It is usually the last step taken in an individual’s long immigration journey in the UK and represents the utmost final legal recognition as a national of the UK. It may open up opportunities and privileges for its holders that may improve their quality of life. Becoming a British citizen can also provide individuals with a deeper sense of belonging and identity after having lived and established their family and private lives in the UK.
ILR and British citizenship: How our Immigration Solicitors can help
It is important to note that naturalisation applications can be complex, and all the requirements must be considered carefully. The Home Office will carefully scrutinise the application and if it considers that the applicant does not intend to stay in the UK, or if any of the other requirements have not been met, the application will fall for refusal. There is no right of appeal for a refusal of a naturalisation application, therefore it is essential that the application is prepared thoroughly and carefully.
We are experienced in preparing naturalisation applications to ensure a successful outcome. We will provide expert guidance and assistance to you throughout the process.
If you require legal assistance, or would just like to discuss your situation with one of our experts, please contact us or complete our enquiry form below.
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