Indefinite Leave to Remain (ILR) vs British Citizenship

Indefinite Leave to Remain (ILR) and British Citizenship both provide permission to live, work, and study permanently in the UK, bring family members, access free NHS healthcare, access benefits, and travel from and to the UK freely. However, it is important to understand, that while ILR and British Citizenship share many similarities, there are some key differences between both legal statuses, as we will explain in this article.

Differences between ILR and Citizenship

To understand the differences between ILR and citizenship, it is first important to understand what each means. ILR is the same as permanent residence (or settlement) and is a legal status that is acquired by foreign nationals who have lived in the UK for a qualifying period (2 – 5 years) on an eligible visa. A person with ILR is effectively free of immigration control, meaning they can live, work, and study in the UK without the need for a visa. There are several ways to qualify for ILR, including through a long-term work visa (e.g. a Skilled worker visa), a family visa (e.g. a spouse visa), or a business visa (e.g. an Innovator founder visa). For many migrants to the UK, ILR is a stepping stone towards the ultimate goal of British citizenship.

British citizenship goes beyond ILR and provides additional benefits, as outlined below. In most cases, foreign nationals can consider applying for British citizenship and then applying for a British passport 12 months after ILR is granted.

It is also useful to understand the subtle differences between ILR, Settled Status and PR in the UK.

Some of the key differences between ILR and British citizenship are as follows:

Residency Requirement

Perhaps one of the most important differences between ILR and British citizenship is that ILR can be revoked simply by spending too much time outside the UK. The immigration rules state that a person with ILR can lose their permanent residence status if they spend more than 2 years outside the UK; this is not the case for those with British citizenship. However, all is not lost. If you find that your ILR status has lapsed because you have spent 24 months or more outside the UK, you may be able to apply for a Returning Resident visa (RRV) if you can prove you have strong ties to the UK.

While it may be possible to secure an RRV from the Home Office, this cannot be guaranteed. For this reason, British citizenship provides much greater peace of mind and security in the event that you find yourself overseas for a long period (e.g. to care for a loved one).

Right to vote

While it may not be a “deal-breaker” for everyone, it is useful to know that your right to vote in the UK will depend on whether you hold ILR or British Citizenship. Those with ILR do not have the right to vote in UK elections (national or local), whereas British, Irish and qualifying Commonwealth citizens can vote and stand for public office.

British Passport

One of the main reasons for acquiring British citizenship is that it provides the right to apply for a British passport. Unfortunately, ILR does not provide the right to a British passport. The reason for the popularity of British passports is that it remains one of the strongest in the world.

According to the Guide Passport Ranking Model in 2023, it is the third most powerful of all passports providing visa-free access to 189 countries. Moreover, it is possible to hold a British passport while being a national of another country (i.e. dual citizenship) as long as the law of the other country allows this.

Benefits for children

Unlike ILR, as a British citizen, you can apply for British citizenship for your children (under the age of 18). This is the case whether they are born inside the UK or outside the UK. The Home Office’s rules state that a child born inside the UK on or after 1^st July 2006 is automatically a British citizen if their mother or father was a British citizen at the time of birth and the British parent could pass on their citizenship. Under the rules of British citizenship by descent, it is possible for a British national to pass down British citizenship one generation to children born outside the UK.