Rise in the Unlawful Nullification of British Citizenship over last Decade

Over the last decade, a review has found that there has been a significant rise in the nullification of British Citizenship. More specifically, this occurred 176 times in 2013 alone. What is more concerning is the fact that in December 2017 the Home Office admitted that most of these nullification cases were deemed to be unlawful. If you have had your British Citizenship nullified, you should contact our specialist Immigration Team to assess whether your citizenship was nullified unlawfully.

Why are some of these Nullification of British Citizenship Cases Deemed to be Unlawful?

Over the last decade, and especially in 2013, there was a significant increase in the number of cases of nullification of British Citizenship. What is more concerning is that in December last year the Home Office admitted that many of this cases were unlawful. This is because unlike the deprivation of British Citizenship, there is no right of appeal with nullity cases, therefore it is seen as much harsher for the Secretary of State to nullify someone’s citizenship, rather than deprive them of it. Deception is the main ground for both depriving British Citizenship and nullifying citizenship, so there is no specific reasoning as to why over the past decade the Secretary of State has chosen to nullify instead of depriving British Citizenship in all of those cases. According to Home Office guidance, British Citizenship should be nullified if the individual has incorrectly applied for naturalisation and it is discovered that they automatically qualified for British citizenship, for example, they inherited British Citizenship by birth.

What is the difference between the Nullification of British Citizenship and Deprivation of British Citizenship?

Whilst the Nullification of British Citizenship and the deprivation of British Citizenship are similar there are certain stark contrasts between the two. The Secretary of State may choose to deprive an individual of their British citizenship status which results from his naturalisation if he is satisfied that the naturalisation was obtained by means of fraud, false representation or concealment of a material fact.

Nullification of British Citizenship is when the naturalisation is deemed to never have taken place. This means the individual concerned does not need to be deprived of their British citizenship because they are regarded as never having been granted citizenship in the first place. This can then have consequences for any family member of the individual who had their citizenship nullified. The test for whether a naturalisation was nullified has been developed through case law and so is not set out in the legislation and can, therefore, be difficult to correctly apply.

Using Legal Representation to appeal against the Nullification of British citizenship

Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to appeal against the Nullification of British citizenship.

Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided.

This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.

Successfully appeal against the Nullification of British Citizenship

Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules.

Our offices are located in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.

Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.

Contact our London immigration solicitors on 02030110276 or complete our contact form.

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