British citizenship is a permanent status, but it is not beyond the reach of the Home Office. The law allows the Home Secretary to remove it by order in defined circumstances, including where it was obtained by deception. Citizenship can be lost years after the grant, for example after an undisclosed conviction or false details in an earlier application. This post provides an overview of when British citizenship can be revoked and how the process works.
Can the Home Office take away British citizenship?
Yes. The Home Office can take away British citizenship by making a deprivation order. This is the legal term for revoking citizenship.
The power is in section 40 of the British Nationality Act 1981. It allows deprivation on two main grounds. The first is that deprivation is “conducive to the public good”. The second is that registration or naturalisation was obtained by fraud, false representation or concealment of a material fact.
Every form of British nationality is covered, not only British citizenship. Section 40(1) also covers British overseas territories citizens, British Overseas citizens, British Nationals (Overseas), British protected persons and British subjects.
What does “conducive to the public good” mean?
It means the Home Office considers it in the public interest to remove the person’s citizenship. The Deprivation of British citizenship caseworker guidance links this to the person’s conduct or the threat they pose to the UK.
Examples include the following, though the list is not complete:
- national security, for reasons relating to terrorism, hostile state activity or any other reason;
- involvement in serious organised crime; and
- involvement in war crimes, crimes against humanity or other unacceptable behaviour.
Only the Home Secretary can make a decision on this ground, or another Secretary of State in their absence. On serious organised crime, the focus is on high harm offences, such as violent or sexual crime, human trafficking, money laundering and child sexual exploitation.
Does deprivation apply to people who were born British?
The public good ground does. Section 40(2) applies to any person with a citizenship status, however that status was acquired. A person who is British by birth can therefore be deprived of citizenship on the public good ground.
The fraud ground is narrower. Section 40(3) applies only to citizenship that “results from his registration or naturalisation”. A person who became British automatically, for example by birth in the UK to a British parent, made no application that fraud could have obtained.
Can deprivation leave a person stateless?
On the public good ground, normally not. Section 40(4) prevents a public good order where the Home Secretary is satisfied it would make the person stateless.
There is one exception, in section 40(4A). It applies where the citizenship results from naturalisation. The person’s conduct must also have been “seriously prejudicial to the vital interests of the United Kingdom”, the Islands or a British overseas territory. The Home Secretary must also have reasonable grounds for believing that the person can become a national of another country.
On the fraud ground, statelessness is not a bar. The British Nationality Act 1981 allows deprivation for fraud even where the person is left stateless. So does the 1961 UN Convention on the Reduction of Statelessness. The caseworker must still consider the impact on the person.
When can citizenship be removed for fraud?
Citizenship can be removed where registration or naturalisation was obtained by fraud, false representation or concealment of a material fact. The fraud must have affected the grant of citizenship.
The terms have specific meanings. False representation means a representation “deliberately and dishonestly made”, where an innocent mistake would not lead to deprivation. Concealment of a material fact means deliberate concealment, not an innocent omission, that had a direct bearing on the application. Fraud covers either of these.
The standard of proof is the balance of probabilities. The caseworker must be satisfied that it is more likely than not that the person used fraud or withheld material facts to obtain citizenship.
What counts as a material fact?
A fact is material where it would have affected the decision to grant citizenship had it been known. Examples include the following, though the list is not complete:
- undisclosed convictions or other information that would have affected the good character requirement;
- a marriage or civil partnership found to be invalid or void, which would have affected an application under section 6(2) of the British Nationality Act 1981; and
- false details in an immigration or asylum application, which led to a status the person would not otherwise have qualified for.
Fraud that had no direct bearing on the grant of citizenship may not lead to deprivation. One example is a false identity used for a grant of settlement under a concession, where identity and nationality were not qualifying criteria.
Non-disclosure of character issues is one of the common British citizenship application mistakes. A person who has used deception in a citizenship application is not normally considered to be of good character. The same applies to deception in an immigration application within the last 10 years.
Does an innocent mistake lead to deprivation?
No. Under the caseworker guidance, “an innocent error or genuine omission should not lead to deprivation”. The caseworker must be satisfied that there was an intention to deceive.
Examples of deliberate deception include the following. One is having another person sit the Knowledge of Life in the UK test or an English language test on their behalf. Another is not declaring a prison sentence or criminal conviction relevant to good character.
Adults are legally responsible for their own citizenship applications, including where the application is part of a family application. Advice from a relative or agent to give false information does not mean the person was not complicit in the deception.
What factors does the Home Office consider?
In a fraud case, the caseworker must take the following factors into account:
- whether the fraud was material to the acquisition of citizenship;
- whether there was an intention to deceive;
- any delay in making a decision to deprive once the fraud is uncovered;
- the reasonably foreseeable consequences of deprivation; and
- whether there are any mitigating factors.
Two examples of mitigating factors are given. One is a mental or physical impairment that clearly affected the person’s judgement when the fraud took place. The other is coercion that meant the person could not make independent decisions at the time.
A claim that a family member completed the form is unlikely, on its own, to amount to mitigation. The same applies to a claim that a representative or interpreter advised false details. Length of residence in the UK alone will not normally be a reason not to deprive.
Can a child lose British citizenship?
Normally not, where the person was a child when they acquired citizenship. Deprivation will not usually be appropriate where the person was a minor on the date they acquired citizenship.
There is an exception. Deprivation will normally be considered where a child’s citizenship was obtained on the basis of a false parental relationship with a British citizen. A person may become an adult before the application is decided without telling the decision maker about the fraud. The caseworker then considers whether the deception was maintained.
Where children in the UK are affected by a decision to deprive a parent, the caseworker must have regard to their best interests. This is a primary, but not the only, consideration.
How is a person told about a deprivation decision?
The Home Office normally gives written notice before making a deprivation order. Section 40(5) requires the notice to state the decision, the reasons, and the person’s right of appeal.
Section 40(5A) allows the Home Office to make an order without notice in limited cases. These include where it lacks the information needed to give notice. They also include reasons such as national security or the safety of any person.
A notice can be served by post, email, courier or by hand. One posted to an address in the UK is deemed served 2 days after it is sent. If posted overseas, it is deemed served 28 days after it is sent.
Can a person give up British citizenship voluntarily?
Yes. A British citizen can give up, or renounce, citizenship by making a declaration of renunciation under section 12 of the British Nationality Act 1981. The person stops being British when the Home Office registers the declaration.
A person can only renounce British citizenship where they already have another citizenship or nationality, or are going to get one. The person must also be aged 18 or over, unless under 18 and married, and of sound mind.
A person who renounces in order to get another citizenship has 6 months from receiving the declaration to get it. Otherwise, the declaration is no longer valid and the person keeps their British citizenship. Someone who has renounced may be able to get British citizenship back after renouncing in defined circumstances.
Frequently asked questions
Can I lose British citizenship by living abroad?
No. Living abroad is not one of the grounds in section 40 of the British Nationality Act 1981. A person cannot lose British citizenship if they live abroad on that basis alone.
Will my spouse lose British citizenship if mine is removed?
Not automatically. A spouse must not be deprived of citizenship solely on the basis of the relationship. The Home Office considers deprivation of a spouse where the same fraud was also material to the spouse’s own naturalisation.
Does deprivation also remove the right of abode?
Not necessarily. A person may still hold the right of abode after deprivation of citizenship. The Home Office then considers separately whether to deprive the person of that status.
Can fraud committed after the grant lead to deprivation?
Not usually. Deprivation will not usually be appropriate where the fraud postdates the grant. The exception is fraud after the grant but before the citizenship ceremony and oath of allegiance, where the caseworker must consider whether deprivation is appropriate.
How Whytecroft Ford can help
Deprivation for fraud looks back at what was disclosed, and what was left out, when citizenship was granted. An undeclared conviction or an inaccurate earlier application can affect a citizenship status many years later. Whytecroft Ford’s immigration team is experienced, approachable and professional. The team prepares British citizenship applications every day, with each applicant’s history disclosed in full from the outset.
To discuss your citizenship application with our team, call 0208 757 5751 or use the contact form.
Disclaimer: The material in this article is provided for guidance and general information only and is not intended to constitute legal or other professional advice upon which you should rely. In particular, the information should not be used as a substitute for a full and proper consultation with a suitably qualified professional. UK Immigration Rules are subject to change. Please do contact the Whytecroft Ford team if you require further advice.
