Deprivation of British Citizenship
The British Citizenship is a privilege which if granted, can also be taken back in some circumstances. Under section 40 of the British Nationality Act 1981 (as amended), an order to deprive a person of their British citizenship can be made if the Secretary of State for the Home Secretary is satisfied that:
- • It would be conducive to the public good to deprive the person of their British citizenship status and to do so would not render them stateless; or
- • the person obtained their citizenship status through naturalization, and it would be conducive to the public good to deprive them of their status because they have engaged in conduct “seriously prejudicial” to the UK’s vital interests, and the Secretary of State has reasonable grounds to believe that they could acquire another nationality; or
- • The person acquired their citizenship status through naturalization or registration, and it was obtained by means of fraud, false representation or concealment of any material fact.
In recent years, the Secretary of State has increasingly used such powers. The deprivation proceedings are in three stages:
- a. An investigations letter from the Secretary of State is served to the individual concerned providing an opportunity to defend the case and make formal representations against deprivation.
- b. If the representations are successful, the matter ends here but if the response is in negative then a formal deprivation of British Citizenship decision is served. This decision provides a right of appeal exercisable from within the UK.
- c. Appeal at the First -Tier Tribunal. We understand that if an individual has arrived in the UK, formed family and financial relationships and started his/her new life in this country, it would be distressing to know that his/her British Citizenship, which is his/her new identity, is being taken away.
How can we help:
We at Immigration Solicitors 4me have a team of dedicated solicitors who advise you on the best possible defense on the basis of information received from you. Your caseworker will draft formal representations at stage one and persuade the Secretary of State not to deprive you from your British Citizenship. In stage 2 cases, you will be advised and represented at appeal stage. Please refer appeal section on our website on further details of appeal procedures.
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