The UK Citizenship Deprivation, particularly concerning Nigerian citizens, is governed by the British Nationality Act 1981, specifically under Section 40. This provision allows the Secretary of State to revoke British citizenship if it is deemed conducive to the public good or if the citizenship was obtained through fraud or false representation.
What is Citizenship Deprivation?
A citizenship deprivation is when the British government denies you British citizenship. And it can be done to any one of us, no matter how we obtained our citizenship (by birth, registration, naturalization).
Keep in mind that citizenship deprivation is not the same thing as deportation. You can lose your citizenship and you could get deported from the UK – Citizenship termination is usually a Deportation Order.
Grounds for Deprivation
- Fraud or False Representation: If an individual is found to have obtained their citizenship through deceitful means, such as providing false information during their application, they may face deprivation. This includes cases where:
- The applicant used a false identity or concealed their true nationality.
- Material facts were hidden that would have influenced the decision on their application.
- Public Good: Citizenship can also be revoked if the individual poses a threat to national security or public safety. This is often assessed on a case-by-case basis.
- Nullity of Naturalisation: In certain instances, citizenship may be declared a nullity if it is discovered that the applicant was not eligible for naturalization at the time of their application. This could occur due to errors in the application process or undisclosed criminal history.
Legal Process
The process of deprivation typically involves several stages:
- Initial Review: The Secretary of State reviews the case and decides.
- Appeal Process: If deprivation is pursued, individuals have the right to appeal this decision in the First Tier Tribunal under Section 40A of the British Nationality Act 1981. During this appeal, factors such as the potential impact on family life and human rights considerations are taken into account.
Recent Trends
In recent years, there has been an increase in deprivation actions against individuals who have been in the UK for extended periods, including those from Nigeria. The Home Office has shifted its approach, now actively pursuing cases that were previously overlooked due to long-term residency status. This change has raised concerns regarding fairness and discrimination in how these cases are handled, particularly among specific ethnic groups.
Revocation of British Citizenship On Reasons For Deprivation
It’s under two provisions in the British Nationality Act 1981 for the UK government to deprive a person of citizenship:
Section 40(2) – If it’s “public good” to deprive citizenship, the government can remove it. That is because the government considers the individual’s behavior injurious to the UK.
Section 40(3) – If an individual gained British citizenship by fraud, false statement, or omission of information, the state can take it away from him or her. This only really occurs for individuals who became citizens through naturalization.
Citizenship Nullification vs. Deprivation
Two ways in which the UK government may annul a citizen’s citizenship are Nullification and Deprivation:
- Deprivation: If the government strips someone of their citizenship, then they cease to be a British citizen, but that does not mean the dependents and family members can no longer be British citizens. They are no longer entitled to live in the UK and may be deported.
- Nullification: Cancellation of citizenship if one got it illegally. The difference is that nullification makes citizenship look like it was never given in the first place. The occupant never had British citizenship in law. When that citizenship is nullified, it also nullifies any dependents who were dependent on that citizenship (eg, a spouse or children).
Can You Be Made Stateless?
In some cases, the UK government can strip someone of their citizenship even if it leaves them stateless. This became possible after a change to the law in 2014. Under Section 40(4A), the UK government can remove citizenship if:
- The person obtained British citizenship through naturalization.
- The government believes that the person’s actions are harmful to the UK’s interests.
- The government has reason to believe that the person can become a citizen of another country, and thus, won’t be stateless.
This means a person can be deprived of their citizenship, even if they don’t have another nationality.
Consequences of Citizenship Deprivation
Losing British citizenship can have serious consequences. If you’re deprived of your citizenship, you may:
- Be forced to leave the UK.
- Lose the right to live, work, or access services in the UK.
- Be left without nationality if you are made stateless.
In some cases, people who lose their citizenship may face danger in the country they are deported to, especially if they have no ties there or are at risk of violence.
How Will You Know If You Are Being Deprived of Citizenship?
If the UK government plans to deprive you of your British citizenship, they must inform you. Under Section 40(5) of the British Nationality Act, they must send you a notice that includes:
- The fact that the government intends to take away your citizenship.
- The reasons for this decision.
- Your right to appeal against the order.
Can You Appeal Against Citizenship Deprivation?
Yes, you can appeal against a Deprivation Order. If you believe the order is wrong or unfair, you have the right to challenge it. It’s important to seek legal advice if you receive such an order.
However, if your citizenship is nullified (canceled retroactively), you cannot directly appeal the decision. Instead, you may be able to challenge the decision through a Judicial Review, which is a legal process where a court reviews the lawfulness of the government’s decision.
How to Protect Your British Citizenship
While UK Citizenship Deprivation is rare, it can happen in cases of fraud or when someone’s actions are harmful to the public good. If you’re applying for British citizenship, make sure that you provide truthful information and avoid fraudulent claims. If you lose your citizenship, the consequences can be severe, affecting not only you but also your family.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel straightforward and successful, whether you’re applying for a Business Visa, or dealing with UK Citizenship Deprivation. We handle every step—from preparing your application to gathering the required documents.
Our immigration lawyer consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas and permits they need for international travel. Call us today at +234 812 5505 986 to learn how we can assist you.
