British Citizenship vs. Indefinite Leave to Remain: What’s the Difference
Consider Indefinite Leave to Remain as being the right of any individual to live in the UK without time restrictions imposed by immigration. In contrast, British Citizenship is the highest legal recognition of being a national of the UK, conferring on a person the full right to abode. Both would provide a certain amount of rights and privileges, however, there are key differences between them.
Let us take a look at some resemblances and differences between the two immigration statuses, including some rights and benefits that British Citizens enjoy in comparison to those with ILR.
What Are the Differences Between British Citizenship and Indefinite Leave to Remain
Absences
Perhaps the most important is that British Citizenship is a forever commitment to settlement and is unaffected by the citizen spending time outside the UK. In comparison, Indefinite Leave to Remain (ILR) can be lost if an individual is outside the UK for too long. Indefinite Leave to Remain will lapse if the holder is absent from the UK for a period exceeding 2 years on a continuous basis. Should the beneficiary of the settlement status under the EU Settlement Scheme remain outside the UK for a continuous period of five years, the status will lapse. Also, if the beneficiary is a Swiss person or a family member of one, the settled status will lapse after four years of continuous absence.
Another benefit of acquiring British Citizenship is that you can travel and stay outside the UK for however long you wish, without any restrictions.
If you have had an Indefinite Leave to Remain lapse, then you may have a claim to enter the UK on a Returning Resident Visa.
Immigration vs. Nationality Status
ILR or “settlement” differs from British citizenship status. Indefinite Leave to Remain is an immigration status granted to individuals who have usually completed a qualifying period of residence in the UK. The length of residence necessary depends on which immigration route has been applied for by the individual. There are different qualifying routes one might take to receive ILR depending on their facts (i.e., under the Skilled Worker route, a family visa, or after ten years continuous residence in the United Kingdom).
Once ILR is acquired, the person is deemed to be settled in the UK, so ILR is an immigration category that allows people to live and work in the UK without limitation. Those granted ILR may then leave and enter the United Kingdom freely with some limitations, which shall be explained herein below.
The granting of ILR for British citizenship is therefore a prerequisite for a British Citizenship application. An individual can normally apply for naturalisation for British citizenship after 12 months of being granted ILR unless he or she is married to a British citizen. Whether to choose to become British remains at an applicant’s discretion and will largely be dependent on his or her individual financial and personal circumstances, together with his or her future intentions for the UK.
British citizenship itself, on the other hand, is just one of six different types of nationality statuses existing in the UK. Generally speaking, the other nationality types (British overseas territories citizen, British subject, British overseas citizen, British protected person and British national (overseas)) do not have the right of entry, exit, residence, and employment in the United Kingdom without being subject to immigration control.
Also, British citizenship status may be acquired by individuals automatically by adoption, at birth, or registration (adults and children), or by naturalisation (adults). To obtain British citizenship is to acquire a status of nationality and to enjoy the benefits of British citizenship.
Revocation and Deportation
The ILR status can also be revoked under certain scenarios, upon the discretion of the Home Office, for example, when a person is liable to deportation (mostly after a criminal conviction for serious offenses) and cannot be removed for legal reasons (such as the obligations of the UK under the Refugee Convention or under the European Convention on Human Rights (ECHR), where ILR has been obtained by deceit, or where an individual was granted permission as a refugee and then ceased to be a refugee.
Upon revocation of ILR, those persons are left with no permission whatsoever and may, therefore, be liable for removal and detention; notwithstanding these are further provisions where holders of ILR can be deported when convicted of a criminal offence in the United Kingdom. If an individual is deported from the UK their ILR shall also be considered cancelled
Unlike Indefinite Leave to Remain, deportation action cannot be taken against any British citizen and thus confers an enhanced security. Besides that, once acquired, British citizenship status cannot be readily revoked except in very exceptional cases.
Children
Children born in the UK while one parent has ILR generally acquire citizenship by birth. Those born overseas do not. Those with ILR can apply for their child to naturalise as a British Citizen provided their child is under 18 years of age.
Conversely, children born in the UK or overseas to those who have naturalised as British citizens are themselves British citizens, which may be greatly helpful in securing their access to education, work, and healthcare in the UK and passing on their nationality to future generations.
Civic and Political Rights
Having ILR does not entitle one to a voting right in the UK. EU nationals may vote in local elections, whilst the very right to vote for British citizens is a right in every election. They are also allowed to stand for public offices, which may be interesting to individuals who want to be active in politics and in shaping the policies of the UK.
Right to hold a British passport and travel overseas
Holding a British passport is reserved solely for British citizens. The British passport is one of the most esteemed globally. A British passport facilitates traveling either visa-free or on-arrival basis.
Conclusion
Rights like holding a passport and voting rights are reserved solely for British Citizens. If you want to utilise the complete benefits of living in the UK, opting for British citizenship would be ideal.
