Obtaining British Citizenship marks a significant milestone for people who have been in the UK for many years.
Having British Citizenship has many benefits, for example:
- Stay permanently in the UK
- You can work and or study with no restrictions
- Have access to benefits and receive free medical treatments
- You can vote and stand up for office
- You can travel to many countries visa-free
To be granted British Citizenship, you must meet specific requirements, and one of them is the good character requirement.
The Secretary of State for the Home Department can seek to take away your citizenship by way of Nullity or Deprivation.
Nullity is where it is discovered by the Home Office that the Applicant was not the intended person to be granted with British Citizenship. This nullity decision means that the granting of Citizenship in the first place never happened. Examples include:
- The Applicant had given false information or hid their true details such as their name, date of birth, place of birth or false nationality. The Home Office may also consider the deprivation route.
- The Applicant has created an entirely new false identity
- The Applicant is using someone’s identity
- Where the Applicant was already British
The other way of taking someone’s British Citizenship is by way of Deprivation.
The Home Office has the power to deprive someone under Section 40 of the British Nationality Act 1981 on the grounds of:
- Fraud
- False representations or concealment of a material fact
- Because it is conducive to the public good
The Home Office can deprive British Citizenship if it would be conducive to public good. It will be in the public interest because the Applicant may be involved with:
- Terrorism
- Espionage
- Serious organised crime
- War crimes
- Or unacceptable behaviours
The Home Office cannot deprive someone under the Conducive to Public Good test if it means that the person will become Stateless.
Under the deprivation route, an applicant has a right of appeal before a Judge, whereas under the nullity, there is no right of appeal.
If you are concerned that your British Citizenship will be cancelled or have received a letter from the Home Office that they are intending to take away your British Citizenship, do not hesitate to contact WH Solicitors.