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Is it must or imp??

Posted: Sat Nov 21, 2015 8:22 am
by san09
Hi all experts n gurus,

Can anyone please answer - Is it imp to have Naturalization PR after holding 1yr ILR?

what if you decides to stay on Ilr for 10 to 20yrs or more and don't want to surrender current passport. Will that be objectionable when you try to enter uk from your home country visit. :?:

Will you be stopped entering uk ? How long a person can hold ilr? Because UK do not allow to bring your old dependent parents permanently to settled within UK .They can only visit as visitors for max six months.

And when ilr itself called (indefinitely leave to remain) than why to waste more money for applying citizensship you still get all benefits on ilr EXCEPT travelling previlages without having to apply for visa for European n other countries.

answers will be much appreciated

Thx

Re: Is it must or imp??

Posted: Sat Nov 21, 2015 9:11 am
by CR001
You can hold ILR forever if you wish. There is no law that requires you to apply for naturalisation after holding ILR for 1 year.

Remember that ILR/PR can be lost if you leave the UK for 2 or more years whereas British Citizenship is not.

Re: Is it must or imp??

Posted: Sat Nov 21, 2015 9:28 am
by san09
CR001 wrote:You can hold ILR forever if you wish. There is no law that requires you to apply for naturalisation after holding ILR for 1 year.

Remember that ILR/PR can be lost if you leave the UK for 2 or more years whereas British Citizenship is not.

Thx for reply
I also read on immigration sites under terms of ILR can be cancelled reasons - if entry officer at airport believe that you are not intent to settled permanently in uk as you still hold ilr and not PR. Is it correct? than why applicant not getting direct PR and why the ILR is there for and for whom?

Re: Is it must or imp??

Posted: Sat Nov 21, 2015 10:09 am
by CR001
ILR is PR.

ILR is granted under the UK Immigration rules after either 5 years on a qualifying visa or 10 years long residence on qualifying visas.

PR is attained automatically after 5 years exercising treaty rights under the EEA/EU rules EEA/EU route don't need visas to work and live in the UK.

Both can be lost if you move out of the UK for 2 years or more and yes, it can be cancelled if the entry clearance office suspects you are not 'settled or living/working' in the UK but only visiting. Visiting for short periods DOES NOT maintain ILR status.

If you have ILR and you do live and work in the UK and have made UK your home, then there is nothing to worry about.

Re: Is it must or imp??

Posted: Sat Nov 21, 2015 10:11 am
by san09
CR001 wrote:ILR is PR.

ILR is granted under the UK Immigration rules after either 5 years on a qualifying visa or 10 years long residence on qualifying visas.

PR is attained automatically after 5 years exercising treaty rights under the EEA/EU rules EEA/EU route don't need visas to work and live in the UK.

Both can be lost if you move out of the UK for 2 years or more and yes, it can be cancelled if the entry clearance office suspects you are not 'settled or living/working' in the UK but only visiting. Visiting for short periods DOES NOT maintain ILR status.

If you have ILR and you do live and work in the UK and have made UK your home, then there is nothing to worry about.
Thx for detail clarification.. Appreciate DAT.

Re: Is it must or imp??

Posted: Sat Nov 21, 2015 3:40 pm
by noajthan
san09 wrote:And when ilr itself called (indefinitely leave to remain) than why to waste more money for applying citizensship you still get all benefits on ilr EXCEPT travelling previlages without having to apply for visa for European n other countries.

answers will be much appreciated

Thx
A leave to remain (for example, ILR) is just a permission, with conditions attached.

Citizenship is not a type of visa (nor is it some type of customer loyalty or benefits card).

Hopefully anyone with the mindset that the privilege of citizenship is a waste of money will self-select and not apply.

Re: Is it must or imp??

Posted: Sat Nov 21, 2015 10:37 pm
by secret.simon
CR001 wrote:ILR is PR.

ILR is granted under the UK Immigration rules after either 5 years on a qualifying visa or 10 years long residence on qualifying visas.

PR is attained automatically after 5 years exercising treaty rights under the EEA/EU rules EEA/EU route don't need visas to work and live in the UK.
With respect to CR001, I would not define it that way. Both ILR and PR are instances of "settled status", but both of them are separate and distinct. As CR001 has mentioned above, both of them are acquired in different ways, through different laws.
CR001 wrote:Both can be lost if you move out of the UK for 2 years or more and yes, it can be cancelled if the entry clearance office suspects you are not 'settled or living/working' in the UK but only visiting. Visiting for short periods DOES NOT maintain ILR status.

If you have ILR and you do live and work in the UK and have made UK your home, then there is nothing to worry about.
ILR is, as noajthan said, leave (permission) to remain, granted by the Home Office. It is given on the basis of proof, either by long residence or by meeting the requirements of the PBS system or by being the spouse of a person who met these requirements, that the "center of your life" (the language borrowed from the Surinder Singh route as it seems to explain the sentiment appositely) is in the UK.

If the Immigration Officer at the airport feels that you do not appear to be residing in the UK, he can cancel the ILR at the airport and you will need to work up to "settled status" again.

If you are only visiting your home country on a regular basis, you should be fine. On the other hand, if you are residing in your home country to look after your aged dependent parents and make occasional visits to the UK, that is when you are likely to get your ILR cancelled. The Immigration Officer can look into the history of your travel and can request to see evidence that you are residing in the UK (proof such as regular earnings in the UK, tax payments on UK earnings, etc).
san09 wrote:Will you be stopped entering uk ?
Yes, you can be.
san09 wrote:And when ilr itself called (indefinitely leave to remain) than why to waste more money for applying citizensship you still get all benefits on ilr EXCEPT travelling previlages without having to apply for visa for European n other countries.
There are some important differences. Children born to you anywhere in the world after you naturalise are British citizens and have the right to live in the UK. Children born to you overseas have no absolute right to live in the UK and take the UK-resident status of the less-privileged parent. Citizenship is also much harder to revoke than ILR and can only be revoked if you pose a threat to national security.

I agree with noajthan on the principle of self-selection.

Citizenship is a privilege. It is effectively a contract between the country that you belong to (or wish to belong to) and you and there are rights and duties on both sides. It is not a visa and that is why it is issued under different rules by the Home Office (visas are issued by the UKV&I). If you do not feel British, it is perhaps better that you do not apply for citizenship.

Being British is a state of mind (with apologies to fwd079 for quoting his signature).

Re: Is it must or imp??

Posted: Sun Nov 22, 2015 12:37 pm
by san09
noajthan wrote:
san09 wrote:And when ilr itself called (indefinitely leave to remain) than why to waste more money for applying citizensship you still get all benefits on ilr EXCEPT travelling previlages without having to apply for visa for European n other countries.

answers will be much appreciated

Thx
A leave to remain (for example, ILR) is just a permission, with conditions attached.

Citizenship is not a type of visa (nor is it some type of customer loyalty or benefits card).

Hopefully anyone with the mindset that the privilege of citizenship is a waste of money will self-select and not apply.
@noajthan _ anyone after spending time of 5yrs in uk I believe he/she can very well understand the difference between supermarket loyalty/benefit card and what PR means. Some people have dependent old parents to look after but they can't bring them here as UKBA changed its rule and won't allow to settle them permanently.

But this rule was changed when they had already spent some years in uk. Deciding to living in uk is everyone personal choice and interest for which you don't have to necessarily speak in FAKING English accent and pretend to be British by heart and mind. Many westerner live and work in gulf, South Asia, and Asia Pacific they don't start calling them as Indian, sheikh or japanese. Most people decide to work abroad for their personal interest so it's upto the person whether to settled permanently or for certain years without faking as they are British once they acquired passport.

Re: Is it must or imp??

Posted: Sun Nov 22, 2015 12:44 pm
by san09
secret.simon wrote:
CR001 wrote:ILR is PR.

ILR is granted under the UK Immigration rules after either 5 years on a qualifying visa or 10 years long residence on qualifying visas.

PR is attained automatically after 5 years exercising treaty rights under the EEA/EU rules EEA/EU route don't need visas to work and live in the UK.
With respect to CR001, I would not define it that way. Both ILR and PR are instances of "settled status", but both of them are separate and distinct. As CR001 has mentioned above, both of them are acquired in different ways, through different laws.
CR001 wrote:Both can be lost if you move out of the UK for 2 years or more and yes, it can be cancelled if the entry clearance office suspects you are not 'settled or living/working' in the UK but only visiting. Visiting for short periods DOES NOT maintain ILR status.

If you have ILR and you do live and work in the UK and have made UK your home, then there is nothing to worry about.
ILR is, as noajthan said, leave (permission) to remain, granted by the Home Office. It is given on the basis of proof, either by long residence or by meeting the requirements of the PBS system or by being the spouse of a person who met these requirements, that the "center of your life" (the language borrowed from the Surinder Singh route as it seems to explain the sentiment appositely) is in the UK.

If the Immigration Officer at the airport feels that you do not appear to be residing in the UK, he can cancel the ILR at the airport and you will need to work up to "settled status" again.

If you are only visiting your home country on a regular basis, you should be fine. On the other hand, if you are residing in your home country to look after your aged dependent parents and make occasional visits to the UK, that is when you are likely to get your ILR cancelled. The Immigration Officer can look into the history of your travel and can request to see evidence that you are residing in the UK (proof such as regular earnings in the UK, tax payments on UK earnings, etc).
san09 wrote:Will you be stopped entering uk ?
Yes, you can be.
san09 wrote:And when ilr itself called (indefinitely leave to remain) than why to waste more money for applying citizensship you still get all benefits on ilr EXCEPT travelling previlages without having to apply for visa for European n other countries.
There are some important differences. Children born to you anywhere in the world after you naturalise are British citizens and have the right to live in the UK. Children born to you overseas have no absolute right to live in the UK and take the UK-resident status of the less-privileged parent. Citizenship is also much harder to revoke than ILR and can only be revoked if you pose a threat to national security.

I agree with noajthan on the principle of self-selection.

Citizenship is a privilege. It is effectively a contract between the country that you belong to (or wish to belong to) and you and there are rights and duties on both sides.
It is not a visa and that is why it is issued under different rules by the Home Office (visas are issued by the UKV&I).
If you do not feel British, it is perhaps better that you do not apply for citizenship.
Being British is a state of mind (
with apologies to fwd079 for quoting his signature).

Deciding to living in uk is everyone personal choice and interest for which you don't have to necessarily speak in FAKING English accent and pretend to be British by heart and mind. Many westerner live and work in gulf, South Asia, and Asia Pacific they don't start calling them as Indian, sheikh or japanese. Most people decide to work abroad for their personal interest so it's upto the person whether to settled permanently or for certain years without faking as they are British once they acquired passport.

Re: Is it must or imp??

Posted: Sun Nov 22, 2015 1:02 pm
by secret.simon
san09 wrote:Many westerner live and work in gulf, South Asia, and Asia Pacific
Many people from around the world work in the Middle-East/Gulf region. But they are aware that there is no prospect of their being able to settle down in that region and that they will have to go back home some day. Ditto Japan and most of the Asia-Pacific region (excepting the Antipodes).

Most people in those regions gain long term residency (ILR/PR), but citizenship is not a choice for them.
san09 wrote:Deciding to living in uk is everyone personal choice and interest
Agreed. That is why you have ILR or PR. It must of course also be in the UK's interest, that is why the Points Based System.
san09 wrote:you don't have to necessarily speak in FAKING English accent and pretend to be British by heart and mind.
This is where we digress. For me, citizenship is a commitment, like a marriage. It needs you to be "heart and mind" (your phrase) into it. It is not a choice of you deciding to live and work in the UK,it is a choice of committing to being British in mind and soul. If you just wish to live and work in the UK, ILR is probably the best choice for you. And that is all that noajthan was saying.

Re: Is it must or imp??

Posted: Sun Nov 22, 2015 1:51 pm
by secret.simon
For the OP, here is a case on these forums where ILR was cancelled at the airport after 18 years.

Re: Is it must or imp??

Posted: Sun Nov 22, 2015 2:27 pm
by noajthan
san09 wrote:@noajthan _ anyone after spending time of 5yrs in uk I believe he/she can very well understand the difference between supermarket loyalty/benefit card and what PR means. Some people have dependent old parents to look after but they can't bring them here as UKBA changed its rule and won't allow to settle them permanently.

But this rule was changed when they had already spent some years in uk. Deciding to living in uk is everyone personal choice and interest for which you don't have to necessarily speak in FAKING English accent and pretend to be British by heart and mind. Many westerner live and work in gulf, South Asia, and Asia Pacific they don't start calling them as Indian, sheikh or japanese. Most people decide to work abroad for their personal interest so it's upto the person whether to settled permanently or for certain years without faking as they are British once they acquired passport.
Agreed, it's personal interest that drives someone leaving their birthplace and hometown.
And there are always implications for family members left behind - whether one moves 250 miles or 5,000 miles.
That is self-evident & needs to be planned for - just as it's a given that governments can & do change immigration policies over time.

There are clearly economic migrants as well as those who are potential citizens in all countries;
(subject to the opportunities in, & laws of, each country).

Anyone performing a cost-benefit analysis (weighing up "waste of money") would appear to be an economic migrant.
That is fine, economic migrants help fuel the Western/capitalist economic system.

For example, I employ a team based in the Gulf states and most of those people are economic migrants;
they do not aspire to citizenship in those countries.
They have made a considered choice for 'x' years of their life & then will bail out, usually to their home country, for a relatively well-financed life of leisure.

It is not about faking English accents either.
My family on one side is Welsh (a Celtic culture & language that predates the English) so no English accents there;
other side of family is descended from Huguenot refugees from the dim & distant past.

There are political and cultural factors to weigh up if opting for the privilege and obligations of citizenship - not just economics & economic utility.

Re: Is it must or imp??

Posted: Sun Nov 22, 2015 4:10 pm
by secret.simon
noajthan wrote:And there are always implications for family members left behind - whether one moves 250 miles or 5,000 miles.
That is self-evident & needs to be planned for - just as it's a given that governments can & do change immigration policies over time.
...
There are political and cultural factors to weigh up if opting for the privilege and obligations of citizenship - not just economics & economic utility.
I concur with both observations. Mine is not dissimilar.