Holiday after UK Citizenship granted

[Stanaris]

I am not sure if this has been asked before but I am sure someone will have an answer.

My wife applied for Citizenship last month and I know the process can take up to 6 months.

We have our annual trip to Thailand booked for the end of November and my question is "What happens if her application is approved before we travel?"

The back log for passports would make that choice out of the question, I think.

Would she be able to continue using her Permanant Resident Card or not because officially she would be classed as a Citizen?

Thanks in advance for any advice

[7by7]

Unlike some countries, the USA for example, the UK does not insist that British citizens use a British passport to leave and enter the UK.

Your wife's current leave to remain in the UK will not be cancelled just because she has applied for or been granted British citizenship.

So she should be able to leave and then re-enter the UK using her Thai passport and current leave to remain.

Maybe a bit of forward planning would have avoided this cause for concern? That is, delayed her citizenship application until after your return from Thailand.

[Stanaris]

Unlike some countries, the USA for example, the UK does not insist that British citizens use a British passport to leave and enter the UK.

Your wife's current leave to remain in the UK will not be cancelled just because she has applied for or been granted British citizenship.

So she should be able to leave and then re-enter the UK using her Thai passport and current leave to remain.

Maybe a bit of forward planning would have avoided this cause for concern? That is, delayed her citizenship application until after your return from Thailand.

Thank you for clarifying the position for us, much appreciated.

Unfortunately it is not always possible to plan everything perfectly. Our holiday is normally later that this but due to circumstances we have to visit earlier. Thanks again

[Richard W]

Unlike some countries, the USA for example, the UK does not insist that British citizens use a British passport to leave and enter the UK.

Your wife's current leave to remain in the UK will not be cancelled just because she has applied for or been granted British citizenship.

Judge Peter Lane (Deliallisi - British citizen: deprivation appeal: Scope) Albania 2013 UKUT 439 (IAC) (30 August 2013) wrote:

46. As can be seen, the general provisions in the 1971 Act regarding leave to enter and remain are expressly stated not to apply where a person is a British citizen. We do not consider that it is compatible with the scheme of that Act to regard indefinite leave to remain (or any other sort of leave) as having some sort of vestigial existence, whilst the person concerned remains a British citizen. A person cannot be both a British citizen and concurrently subject to indefinite leave to remain. Upon becoming such a citizen, the appellant became a person to whom section 1(1) applied. As Mr Deller put it, the appellants indefinite leave to remain simply ceased to exist.

However,

So she should be able to leave and then re-enter the UK using her Thai passport and current leave to remain.

may be a non sequitur, but nevertheless appears to be true. Possibly the IO's logic is:

1) This person is a British citizen, so this ILR is invalid.

2) However, I know she is a British citizen, so I will not refuse entry.

What gets stamped and written in these cases? It's a shame we don't still have Scouser to elucidate.

[7by7]

Your wife's current leave to remain in the UK will not be cancelled just because she has applied for or been granted British citizenship.

I stand corrected on this point.

However, as you say, a British citizen cannot be refused entry to the UK.

Checking in, her Thai passport with it's ILR stamp (or BRP, whichever she has) should satisfy the airline.

If immigration at her port of entry query her Thai passport and ILR, then proof of her naturalisation should clear that up.

It is, indeed, a shame that Scouse decided long ago that his commercial interests lay elsewhere than advising on this forum.