Indefinite Leave to Remain is frequently compared against British citizenship by immigrants weighing the pros and cons of applying for it as part of a long-term future in the UK. Once obtained, both statuses entail great rights. However, there are crucial differences that might influence your decision, and these are important in comparing the best personal circumstances for you.
What is Indefinite Leave to Remain (ILR)?
ILR grants foreign nationals the right to live, work, and study in the UK without time limits. This affords a stable, permanent residency status and does not require renewal of visas. However, some restrictions are applied in certain areas. The holder cannot be out of the UK for two consecutive years to lose their status. If they do, they must apply for a Returning Resident Visa to regain their ILR status
While ILR is quite liberal, it does not confer some rights which are reserved for British citizens. For example, individuals with ILR are not entitled to the right to vote in national elections or to be given a British passport. They must travel with their home country's passport and BRP.
What is British Citizenship?
British citizenship is the most ultimate legal recognition in the UK and grants full rights enjoyed by nationals. The British citizen can now seek a British passport, one of the world's most authoritative passports, granting visa-free travel to over 170 countries. For example, British citizens are eligible to stay in the UK for many years without any threat of losing their status, which cannot be the case with an ILR holder. Any ILR holder's residency is vulnerable to expiry if they are away from the country for two years.
British citizenship entails the right to vote in all elections held in the UK and a right to contest for public office. All these rights become indispensable to those who aspire to participate entirely in the UK's political affairs.
Watch this video from A Y & J solicitors that explains everything you need to know about the British citizenship.
ILR vs British Citizenship: Main Differences
One of the most serious differences between indefinite leave to remain and British citizenship is in the rights and obligations conferred by either status. ILR gives a person a permanent residence but with restricted freedom of movement and political rights. Aside from the right to be issued with a British passport and vote, a British citizen can live in another country without losing his status.
The last difference between the two levels of citizenship is the protection offered by British citizenship. It cannot be revoked more efficiently as opposed to ILR, which is committed to a serious crime or has been out of the UK for a specified period. This means that it is harder to lose than ILR. Revocation only occurs in extreme cases, including national security threats or fraud.
However, there is an added benefit for parents: Any children born to British citizens anywhere in the world automatically obtain British citizenship. For ILR holders in the UK, the children will need to register for citizenship, while outside the UK, it is even more challenging.
Different Costs and Timelines
The process and fees for obtaining a British citizenship application are different and more complicated than those of ILR. According to British nationality law, for one to be considered a British citizen, he or she must have resided in the UK for a period of one year with an ILR unless otherwise the individual is married to a British citizen. The citizen must also have fulfilled specific conditions about residencies and character requirements. The fee to apply for citizenship is a staggering amount of £1,330, which involves a fee for the citizenship ceremony. On the other hand, the cost of obtaining ILR status is around £2,404.
The application for indefinite leave to remain usually takes around six months to process. However, the naturalisation route for British citizenship application takes much longer because it requires the fulfilment of further requirements, such as conducting the Life in the UK Test and an English language proficiency test.
Which Status is Right for You?
Yes, it is ILR and British citizenship in between, so it really depends on the needs of an individual in future. ILR provides stable and available immigration to people who want to be in the UK throughout their lifetime but at the same time maintain their home country’s passport and freedoms. However, if you wish to have full integration within the society of the UK while enjoying security with the status of citizenship, as well as the freedom to travel without obstacles and an opportunity to vote, then applying for British citizenship may turn out to be the better choice.
Get Professinal Guidance
While the choice between ILR and British citizenship is a very important decision determining how your future will be defined in the UK, the two statuses offer benefits. The latter confers more rights and security. If you are unsure which one of these options is the best fit for you, you can seek help with the indefinite leave to remain or the British citizenship application. A Y & J Solicitors can offer expert guidance to navigate the process effectively and ensure a positive outcome.
