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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: UK Immigration Law
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Experience:  English Solicitor and UK Immigration Law Expert
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Hello there, My wife was born as Indian, was Indefinite

Resolved Question:

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?

Thanks
BS
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  UKSolicitorJA replied 1 year ago.
Hello,

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: http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/

Thank you
Customer: replied 1 year 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.

BS

Expert:  UKSolicitorJA replied 1 year ago.
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.

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UKSolicitorJA, Solicitor
Satisfied Customers: 3497
Experience: English Solicitor and UK Immigration Law Expert
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