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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Regaining ILR after renouncing British citizenship

Resolved Question:

Hi, I currently hold British Citizenship though work permit which I'd like to give up and go back to ILR visa as I realised my home country doesn't allow me to have two nationalities by choice. Please could you advise me how to go about getting ILR again? Especially timing between renouncing British citizenship and getting a new visa? I'm currently working in the UK so I will need to inform my employer if I have to leave country and/or unable to work during this period. I have lived in the UK for 18 years and have married to a British citizen for almost 7 years, and have two children. Kind regards, M

Submitted: 1 year ago.
Category: Law
Expert:  UKSolicitorJA replied 1 year ago.
I am afraid it is not possible to "downgrade" your British Citizenship to ILR.
You have 2 options:
1) either you renounce your British Citizenship and apply for a new work visa; or
2) surrender your British passport if you have one, and apply for a certificate of entitlement to the right of abode to be placed in your other passport. This way, you will not lose your British Citizenship and your other country will possibly never find out about your British Citizenship unless you tell them
See these links
Hope this helps
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
UKSolicitorJA and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for your reply and information.
If I decided to go for ILR via family visa (I'm married to a British citizen), can I apply for it before renouncing British citizenship? As I understand the family/partner visa can be applied in the UK, can I stay in the UK after renouncing the citizenship to apply for family visa if I have to renounce before applying for the visa? Or do I need to leave and come back to the country with a tourist visa as I need to have a valid visa to apply for the family visa within the UK?
Apologise in advance if I'm not making myself clear. I am not 100% certain about the certificate of entitlement and would like to investigate further on ILR route which I understand the simplest way to obtain is via family visa.
Kind regards
Makiko Takamura
Expert:  UKSolicitorJA replied 1 year ago.
You cannot apply for any visa, including ILR while you remain a British citizen. You must first renounce British Citizenship.
If you apply via the family route, you will take 5 years to obtain ILR.
You can submit your renunciation and visa applications together so that you do not have problems.
However, I strongly advise you to consider the right of abode route.
All the best
Customer: replied 1 year ago.


Suppose I decided to go for the right of abode route, I have following questions.

1) How do I surrender my British passport?

2) Am I right in thinking that if I didn't renew the certificate of entitlement upon expiry of the current certificate of entitlement (i.e. the passport with the certificate expires), it is possible to apply for a British passport again?

Kind regards,


Expert:  UKSolicitorJA replied 1 year ago.
You may simply send your passport back to the passport office and ask them to cancel it and explain that you are doing so as you wish to apply for a certificate of entitlement in your other country passport.
You then apply for certificate of entitlement. Once the certificate expires, you may apply for your British passport.
All the best , please leave feedback

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