Deprivation of citizenship is when the British government proceeds with the removal of British citizenship from an individual who had previously gained citizenship through naturalisation, birth, or from having citizenship in a British overseas territory.
This is often the case for individuals who have gained their citizenship through false representation or fraud. It is also applicable to those whose deprivation of citizenship is deemed beneficial to the public good. This article contains expert advice from a team of top immigration lawyers.
A deprivation order can arise if the UK home office discovers that elements of fraud were used in the individual’s application for citizenship, even several years after the individual has been granted permanent residence and was successful in achieving naturalisation.
False representation is a term used for when the individual intentionally used dishonest information in their citizenship application. Furthermore, if the individual did not present the relevant information required for the application then this will be considered as ‘’concealment of material fact’’. These elements are sufficient rationales that can be used against an individual who is facing a deprivation order.
The individual will always have the right to appeal, after the Secretary of State sends an official letter stating that they have decided to make the order together with the reasons why.
It is vital that the individual’s appeal is correctly elaborated as there are often cases where individuals have had to return to countries they have rarely visited or never been to. And in worse cases, individuals have had to return to war-torn countries where their lives are in grave danger.
The UK has recently amended its nationality legislation to exercise citizenship deprivation powers more easily. These new powers have been established to target citizens who are considered as not conducive to the public good. This relates to individuals who have been involved in acts of terrorism, espioange, war crimes and serious organised crime.
The widening of these powers means that deprivation orders can be used against a wider and less serious range of conduct compared to previous years. This has resulted in a surge in citizenship deprivation cases in the last several years.
As of 1 April 2003, the Nationality, Immigration and Asylum Act was amended to allow deprivation on the basis of behaviour which is seriously prejudicial to the vital interests of the UK and any British overseas territory.
Furthermore, the Immigration Act 2014 was amended to allow deprivation where it can cause the individual to become stateless. This can be applied to individuals who obtained their citizenship through naturalisation, the secretary state has reasonable grounds to believe that the person can acquire citizenship from another country and a higher test of conduct seriously prejudices the interests of the UK.
Challenging a citizenship deprivation order can be tricky, especially if the individual is not residing in the UK. Aside from cases which are drawn on the grounds of national security, the individual is able to select a legal team to defend him.
If an individual, who does not have a criminal record, is facing a deprivation order, then the individual has a right to appeal before a judge. It is important for them to have expert legal representation in order to challenge the decision effectively. The legal proceedings for citizenship deprivation appeals are complex and all evidence and documents should be carefully gathered and reviewed by a legal immigration expert. The legal representative can also help the individual to obtain key evidence to prove that they meet the immigration rules’ requirements.
It is important to understand the difference between nullification and deprivation of citizenship. Nullification is when citizenship was incorrectly granted, and as a result will be revoked and the individual will be put back to a state as if it was never granted. It is often a result of a legitimate fault rather than an intentional one. Deprivation is intended more for individuals who have intentionally attempted to defraud the system. This is why punishments for deprivation are often harsher. Individuals with Indefinite leave to remain who have had their citizenship nullified will be able to remain in the UK for the time they are allowed to but this is not the case for those who have deprivation orders.