Our client first entered the UK in 1999 to join her husband. On 23 September 2004, she was granted Indefinite Leave to Remain (ILR). In March 2006, she successfully naturalised as a British citizen.

With the UK’s transition to the digital eVisa system, individuals holding leave to remain or settlement status must now register for an eVisa. The old ILR vignette stickers in passports are no longer accepted.

Previously, some individuals holding both Chinese and British passports travelled between the two countries using their Chinese passport with an ILR vignette when they left China, and their British passport to enter the UK. However, this approach is no longer feasible, as both Chinese and UK border officials now require eVisa verification. Moreover, China does not recognise dual nationality, so individuals cannot legally hold both a Chinese and a British passport at the same time.

The only viable options are:

• Relinquish Chinese nationality, retain British nationality, and apply for a Chinese visa when visiting China.
• Relinquish British nationality, retain Chinese nationality, and reside in the UK under settled status.

Importantly, individuals who renounce their British nationality do not automatically regain ILR. They must apply for settlement again, typically through the 10-Year Long Residence Route (SET LR), provided they meet all relevant requirements.

10-Year Long Residence (SET LR) Requirements

To qualify for ILR under the 10-Year Long Residence route, applicants must:

1. Have continuously resided lawfully in the UK for a period of at least 10 years.
2. The total absences must not exceed 548 days during any part of the 10-year qualifying period before 11 April 2024.
3. Single absences must not exceed 184 days at any one time during any part of the 10-year qualifying period before 11 April 2024.
4. From 11 April 2024, absence days outside the UK must not exceed 180 in any rolling 12-month period.
5. Have no serious criminal convictions or breaches of immigration laws;
6. Demonstrate sufficient knowledge of English language (at least B1 level);
7. Pass the Life in the UK Test;
8. Intend to continue living in the UK;

Case Timeline

• 09 December 2024 – Our client submitted a British nationality renunciation application independently. However, our client was not aware of the SET(LR) requirements when submitting the application. Our client did not consult an immigration solicitor before taking this action.
• 11 December 2024 – Our client instructed our firm to assist with the SET LR application after submitting the renunciation form.
• 02 January 2025 – Our client stated that she finds it difficult to prepare for the Life in the UK test and the English language B1 test due to memory difficulties. The application allows the use of a Life in the UK test taken a long time ago, but a new English language B1 test must be provided. However, our client passed the Life in the UK test before 2006 and has lost the letter. According to Home Office guidance, we can explain to the Home Office if the Life in the UK letter has been lost, provided the test was taken before 17 December 2019.
• 03 January 2025 – Our client has decided to cancel her British nationality renunciation application. We submitted an email to the Home Office requesting the cancellation of our client’s application, as our client is still not confident about passing the English language tests. However, we have advised our client to continue preparing for the Life in the UK and B1 tests.
• 02 February 2025 – Our client successfully passed the Life in the UK test.
• 10 February 2025 – Our client located her old B1 English certificate, but we advised her to take a new test to meet current Home Office standards.
• 03 March 2025 – Our client passed her new B1 English language test. Our client decided to proceed with renunciation, and we notified the Home Office to ignore the cancellation request.
• 29 May 2025 – After several months, our client still hadn’t received her Declaration of Renunciation. We discovered she hadn’t sent the required original documents for her British nationality renunciation application. According to British nationality renunciation requirements, our client is required to submit her original documents to the Home Office. We advised her to do so as soon as possible. Ultimately, our client posted her original Chinese passport and naturalisation certificate to the Home Office.
• 22 July 2025 – Our client received her declaration of renunciation, issued on 6 May 2025. According to Home Office requirements, she must submit her ILR application within 14 days of renouncing her British nationality. The 14-day deadline therefore, started on 6 May 2025. However, our client only received her declaration of renunciation on 22 July 2025, which exceeded the 14-day deadline due to late delivery. For British nationality renunciation applications, the Home Office does not notify applicants of the result by email; the outcome is only known upon receipt of the physical declaration. We provided evidence to the Home Office showing that our client’s declaration of renunciation was only posted on 21 July 2025 and was received by our client on 22 July 2025, despite being issued on 6 May 2025.
• 24 July 2025 – We submitted the ILR (SET LR) application under standard service.
• 11 August 2025 – Our client attended a biometric appointment. At the time, she only had her British passport and an expired Chinese passport with her. Upon arrival at the biometric appointment centre, the staff informed her that none of the passports she presented matched the records in their system. Our client explained that her valid Chinese passport was held by the Home Office. One staff member requested proof that her valid Chinese passport was with the Home Office, and our client presented an email from the Home Office confirming that her Chinese passport had not yet been returned. Ultimately, the staff accepted this and allowed her to complete her biometric enrolment.
• 02 October 2025 – Our client’s ILR (SET LR) application was granted successfully.

Advice

We strongly advise clients to ensure that they fully meet all the requirements for settlement before submitting a British nationality renunciation application. Failing to do so is extremely risky, as relinquishing British nationality without having valid leave to remain in the UK could result in the loss of the right to live in the UK.

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James Cook

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