Indefinite Leave to Remain vs. British Citizenship Explained
In this post, we discuss the similarities and differences between Indefinite Leave to Remain (ILR) and Naturalisation as a British Citizen. Understanding these two paths to residency and citizenship is crucial for anyone navigating the complex landscape of UK immigration law.
Indefinite Leave to Remain, or ILR, grants individuals the right to reside in the UK without immigration time restrictions. On the other hand, British Citizenship represents the ultimate legal recognition as a national of the UK, endowing individuals with the full right to abode in the country. While both offer certain rights and privileges, there are essential differences that set them apart.
In this post, we will explore the similarities and differences between these two immigration statuses, touching on the rights and benefits that British Citizens enjoy in comparison to those with Indefinite Leave to Remain. We’ll also address the fundamental requirements for naturalisation and the cost associated with the process.
What is Indefinite Leave to Remain (ILR)?
Indefinite Leave to Remain is an immigration status whereby the individual has a right of residence in the UK and is free from immigration time restrictions. This can be acquired through a number of different routes and is normally granted after 3 to 5 years (depending on the route). Other terms for ‘Indefinite Leave to Remain’ are ‘settled status’ (acquired through the EU Settlement scheme), and Indefinite Leave to Enter the UK (permission to move to the UK permanently from abroad).
What is British Citizenship/ ‘Naturalisation’?
British Citizenship or Naturalisation is the process in which an individual becomes legally recognised as a national of the UK and therefore has a full right to abode in the UK.
What Are the Similarities Between Indefinite Leave to Remain and British Citizenship?
The similarities between Indefinite Leave to Remain and Naturalisation as a British Citizen are:
- Both have a right of residence in the UK and includes full access to the NHS, the right to study, work, and access public funds in the UK;
- Neither have an Immigration Health Surcharge;
- That many Indefinite Leave to Remain routes also require the Life in the UK Test;
- That many Indefinite Leave to Remain routes also require an English requirement to be satisfied. Either a English qualification at B1, B2, C1 or C2 level, or a degree taught or researched in English is required.
What Are the Differences Between Indefinite Leave to Remain and British Citizenship?
Absences
A significant difference is that British Citizenship lasts for life and absences outside the UK will not lapse that right. In comparison, Indefinite Leave to Remain can be lost if an individual is outside the UK for too long. Indefinite Leave to remain will lapse if an individual has been outside the UK for more than 2 years consecutively. If an individual has settled status under the EU Settlement Scheme then this will lapse after 5 consecutive years outside the UK. Lastly, if you are a Swiss citizen, or the family member of a Swiss citizen, and you have settled status this will lapse after 4 consecutive years outside the UK.
A particular advantage to naturalising as a British Citizen is the ability to travel for as long as you want with no restrictions.
If your Indefinite Leave to Remain has lapsed you may be entitled to return to the UK on a Returning Resident Visa.
Voting rights
Additionally, another key difference awarded to British Citizens is that they have full voting rights and the ability to stand for office. This includes voting in UK Parliamentary elections and referendums. Those with Indefinite Leave to Remain as a EU citizen or Commonwealth citizen may only vote in some elections and are much more restricted. To see a full list on the differences in voting rights, please see the link here.
Children
Moreover, there is a difference in how children can acquire British Citizenship. If naturalised as a British Citizen, any child born will automatically acquire British citizenship whether or not they were born in or outside of the UK. Those with Indefinite Leave to Remain can apply for their child to naturalise as a British Citizen so long as they are under the age of 18.
British Passport
Another difference is that after naturalising as a British Citizen you will be entitled to a British passport. This is particularly beneficial as you will be entitled to travel to visa free countries. To see a list of visa free countries for UK passport holders please see here.
You will also be entitled to hold dual nationality if your other country of nationality allows.
After naturalising as a British Citizen you can only enter the UK on either a British passport or on a certificate of entitlement to the right of abode.
What Are the Requirements to Naturalise as a British Citizen?
The general rule is that you can apply for British citizenship 12 months after you have obtained Indefinite Leave to Remain. The exception is for those who are married to a British Citizen as they can apply as soon as obtaining Indefinite Leave to Remain.
Those not married to a British Citizen must:
- be over 18;
- be of sound mind;
- have lived in the UK for a minimum of 5 years before applying;
- have been physically present in the UK (including the Isle of Man or the Channel Islands) on the day 5 years before the application is received by the Home Office;
- not have been in breach of the immigration laws in the 5-year period before making your application;
- be free from immigration time restrictions on the date of application and for the 12-month period before making the application;
- not have had more than 450 days outside the UK in the 5-year period before making the application;
- not have had more than 90 days outside the UK in the 12-month period before making the application;
- intend to continue to live in the UK;
- have passed the Life in the UK test;
- be able to communicate in English (or Welsh or Scottish Gaelic) to an acceptable level; and
- be of good character.
Those married to a British Citizen must:
- be over 18;
- of sound mind;
- be married to or the civil partner of a British citizen on the date of application;
- have lived in the UK for a minimum of 3 years before applying;
- have been physically present in the UK (including the Isle of Man or the Channel Islands) on the day 3 years before the application is received by the Home Office;
- not have been in breach of the immigration laws in the 3-year period before making your application;
- be free from immigration time restrictions on the date of application;
- not have had more than 270 days outside the UK in the 3-year period before making the application;
- not have had more than 90 days outside the UK in the 12-month period before making the application;
- have passed the Life in the UK test;
- are able to communicate in English (or Welsh or Scottish Gaelic) to an acceptable level;
- be of good character;
How Much Does It Cost to Naturalise as a British Citizen?
The current immigration application fee for an application for Naturalisation as a British Citizen is £1,500.
Contact our Immigration Barristers
In this post we have highlighted some of the key differences between Indefinite Leave to Remain and Naturalisation as a British Citizen.
Our immigration barristers and immigration lawyers have experience assisting with all types of nationality matters. Whether you are looking to apply for naturalisation on your own or on the basis of your marriage to a British citizen, our immigration barristers can guide you through the complexities of the UK citizenship process and British nationality law.
For expert advice in relation to a UK visa application or immigration appeal, contact our immigration barristers on 0203 617 9173 or complete our enquiry form below.
