For most immigrants staying in the UK, the achievement of either Indefinite Leave to Remain (ILR in the UK) or British citizenship is an important step toward permanent residency. Although both statuses allow a person to stay and work in the UK, they have different regards to the benefits they bring as well as the responsibility applied. Knowing the critical differences between them and the process for each can help you to decide which is best suited for you and which you can eventually work towards acquiring both.
What is Indefinite Leave to Remain?
It is a form of permanent residency in the UK. ILR in the UK will allow you to stay in the country without the threat of needing to renew visas, as that does not apply once a status is granted. The benefits attached to ILR include the fact that it frees you from regular immigration controls. Upon getting your ILR, you will never again have to face the hassle of time-limited visas, and you will also be eligible for public funds like health care and benefits, to which you will no longer need to pay the Immigration Health Surcharge.
You should note that ILR is not something acquired in perpetuity. If you leave the UK and stay abroad for more than two successive years, your ILR status will lapse. You should then apply for a Returning Resident Visa on such a spell to re-enter the UK. Moreover, ILR does not qualify one to vote in national elections or obtain a British passport because only British citizens enjoy such rights.
What is British Citizenship?
British citizenship application has far more benefits and privileges. Citizenship gives you the right to hold a British passport, vote in all elections, and stand for public office. In addition, unlike ILR, British citizenship cannot be lost based on time spent outside the UK. One can be out of the UK for as long as he or she wants after acquiring British citizenship without any implications for his or her status.
Citizenship also gives you the right to pass on your nationality to children born abroad. Also, your children born in Britain automatically become British citizens if you are a British citizen.
ILR vs British Citizenship: Main Differences
Residence and Travel: ILR will be automatically withdrawn if you stay outside the UK for two successive years; however, it is not a bar for British citizenship application. This gives more protection to any citizen who has to go or stay away from their homeland for a very long time.
Right to Vote: Although holders of ILR may not be able to vote at any level of UK national elections, citizens of Britain are allowed to vote and even contest public offices.
Passports and Travel: ILR applicants have no hope of getting a British passport, but British citizens can apply for it. They can travel visa-free to over 170 countries.
Children's Citizenship: British citizenship further simplifies the path to obtaining your children's citizenship, whether they were born in the United Kingdom or overseas.
Watch this video to learn the clear differences between ILR in the UK and British citizenship applications.
How to Obtain ILR in the UK
In the UK, ILR is typically applied for within five years of living in the country by virtue of a qualifying visa, such as a work visa, spouse visa, or any of the above. However, with some categories, such as investor visa or innovator visa, one can apply much sooner, within two or three years of applying for the visa​.
Among the significant eligibility criteria for ILR in the UK, other conditions are:
Continuous residence: You must have not spent more than 180 days outside the UK in any 12-month period during your qualifying stay.
Passing the Life in the UK test: This is a condition for most ILR applicants. It tests your knowledge of British culture, laws, and history with multiple-choice questions.
Knowledge of the English language: You will be required to prove your knowledge of the English language if you come from a majority-English-speaking country.
How to Transition from ILR to British Citizenship
Applicants who receive ILR in the UK can apply to become British citizens after a year only if they qualify. However, if one is married and the other spouse is a British citizen, one can apply to become a British citizen immediately without waiting for the extra year upon being granted ILR.
Applicants must have the following qualities to apply to become British citizens from ILR:
Good character: You must not have any serious criminal convictions or immigration violations during your stay in the UK.
Residency requirements: You should not have spent more than 450 days outside the UK in the last five years or 270 days if married to a British citizen
Language and Life in the UK tests: You will have to sit and pass the same tests that are required for ILR unless you have already completed them.
Ordinarily, processing a British citizenship application takes six months. When your application is successful, you will receive an invitation to participate in a citizenship ceremony in which you will be lawfully made a British citizen.
What Suits You the Best?
The choice between ILR and British citizenship is best left to your long-term ambitions as well as your environment. ILR would be good enough for those who do not intend to leave the UK but want the flexibility of working and travelling without worry about voting or holding a British passport. However, if your goal is full integration into British society - as well as a right to vote, have some public office or pass citizenship on to your children - then seeking British citizenship is appropriate.
Get Professional Help
Both ILR in the UK and British citizenship have very significant advantages. However, the choice between them should be based on your needs as well as the needs of your profession. Holding ILR gives stability and total freedom to live or work without any restrictions on immigration. British citizenship, for example, opens the full opportunity to become an integral part of the UK's community and enjoy more rights and protection. For advice or guidance on ILR or British citizenship, A Y & J Solicitors provides you with in-depth legal aid to help you manoeuvre these all-important immigration procedures. Contact us today for a smooth and successful application that points to a great future in the UK.
A Y & J Solicitors is a specialist immigration law firm with extensive experience with ILR in the UK. We have an in-depth understanding of immigration law and are professional and results-focused. For assistance with your visa application or any other UK immigration law concerns, please contact us at +44 20 7404 7933. We’re here to help!
A migrant may apply to naturalize as a British citizen if they fulfill certain conditions, such as a minimum duration of residency and good character.
You may be entitled to apply for British Citizenship by Naturalization if you are at least 18 years old and have been given indefinite leave to stay or have obtained a right of permanent residence in the UK.
British Citizenship at discretion: Adults and children may be able to apply for British citizenship in some cases.
If you are not automatically qualified for British citizenship, you might be able to apply for registration as a British citizen, either as a right or on a discretionary basis.
It can be difficult to apply for registration on a discretionary basis, particularly as a child.
When it comes to girls, one of the most important considerations is whether their future can be seen as being in the United Kingdom.