How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask UKSolicitorJA Your Own Question
UKSolicitorJA, Solicitor
Category: UK Immigration Law
Satisfied Customers: 4312
Experience:  English Solicitor and UK Immigration Law Expert
Type Your UK Immigration Law Question Here...
UKSolicitorJA is online now
A new question is answered every 9 seconds

Hello there, My wife was born as Indian, was Indefinite

This answer was rated:

Hello there,

My wife was born as Indian, was 'Indefinite Leave To Remain' holder but now is a naturalised citizen of UK. I still carry my Indian citizenship but hold 'Indefinite Leave To Remain'. We live in UK. India does not allow dual citizenship. If my wife wants to renounce her UK citizenship to regain her Indian citizenship what will be her status in UK and on what basis (i.e. because of her own previous status or as my spouse)? Can you please point me to relevant legislations?


I am happy to deal with your UK immigration law issues.

Your wife may opt to apply for Overseas Citizenship of India instead of renouncing British Citizenship.

If she does not wish to do so, she would need to renounce her British Citizenship and apply for leave to remain in the UK as the spouse of a settled person (you) after renouncing, see here:

Thank you
Customer: replied 4 years ago.

Thank you for your reply.


1) Will it be application for ILR straight away or she has to first apply for 2-3 years as dependent and then apply for ILR?


2) Assuming I am not resident of UK and does not have ILR of UK, or have no relationship with her then what? (I have some friends who are in this situation i.e. they are naturalised citizen of UK, have no spouse but wants to regain their Indian citizenship as well as wish to continue to work and live in UK).


I am sure, she must be able to do something on her own, something like Right of Abode or Overseas Citizenship of UK or something else, without me coming into picture! Am I wrong?


Thank you.


Thank you.

!) the rules have changed recently and she would need to live in the UK as your spouse for 5 years before being eligible for ILR;

2) she will have no right to be in the UK in that case.

As such cases are unusual, she may make an application outside the rules for ILR and see what happens, but there is currently no provision in the Immigration Rules for BC's who have renounced to revert back to ILR status straight away.

Please leave feedback
UKSolicitorJA and 2 other UK Immigration Law Specialists are ready to help you

Related UK Immigration Law Questions