What Can I Do If My British Citizenship Is Unlawfully Nullified
For many immigrants, gaining British citizenship is the ultimate goal of their efforts. The ability to remain in the UK and become a British national has many benefits for immigrants (including the ability to have a British passport and travel into and out of the country freely. They are also better protected abroad when travelling). But there are certain circumstances where your citizenship can be nullified. This nightmare situation can happen and in this article, we are going to look at reasons why someone's British citizenship may be nullified and what they can do if they are facing this situation.
On what grounds can British citizenship be nullified?
There are a few reasons why British citizenship can be nullified and these are laid out below:
- False information
- False identity being created by the applicant
- Applicant used someone else's identity
- The applicant is already a British national
It may surprise you, but number 4 is actually quite common and is one of the reasons that you should ensure that you are completely aware of your personal circumstances before making an application for British citizenship. It is also important that you always give correct information when dealing with the Home Office. Once your British citizenship has been nullified, you will no longer be entitled to a passport and may well be punished further. This is especially true if your previous immigration status did not allow you to remain in the country. If you are facing nullification of your British citizenship then please get in touch. Our expert immigration specialists will be able to help you if you have appropriate grounds to appeal the decision to the upper tribunal, and if you do, they can also help to start the process and assist you with the appeal.
What's the difference between a British citizenship being nullified or deprived?
In essence, the nullification of a person's British citizenship is aimed at removing the citizenship from someone who was granted it incorrectly and putting them back to a state where essentially they were never granted it on the first place. This is usually down to a genuine omission rather than a deliberate one. Deprivation on the other hand is aimed at those who have tried purposefully to defraud the system. The punishments for deprivation are often more severe and if you have been served with notice that you may be deprived of your British citizenship then please get in touch and our immigration solicitors can help to look at your case.
The distinction between deprivation and nullification of your British citizenship is important: deprivation is punished much more severely than nullification, and if you were previously in the country with Indefinite Leave to Remain (ILR), you will still be able to remain in the country if your British citizenship is nullified. This is less likely to be the case if you are deprived of your British citizenship as action is more likely to be taken against you.
Can I appeal against having my British citizenship nullified?
In the case of nullification, you are not entitled to appeal to a first-tier tribunal. This is, in essence, because you are being put back to a status of never having been given British citizenship in the first place. However, you are not completely out of options: You can appeal for a judicial review against the Home Office before the upper tribunal. If you are looking to appeal against a decision of nullification of British citizenship, then please get in touch. Our immigration solicitors can advise you on how to proceed and help to put together your appeal. Our years of experience in helping immigration clients can ensure that you have the best defence possible in your corner.
It is vital that you have legal protection in the event of going to judicial review - the legal battle is likely to be complex and require intimate technical knowledge of immigration law. We can help to represent you by presenting mitigating reasons for why nullification should not take place and are able to convey the complex legal arguments to you. We can help to ensure that you have experts in your corner fighting to keep your status.
If my British citizenship is nullified must I leave the country?
No, not necessarily. You will revert to your previous immigration status. For many immigrants, they will simply return to having Indefinite Leave to Remain (ILR). Though this is not the case for all immigrants and in many cases they will need to leave the country. This will depend heavily on how they entered the country in the first place and it is worth checking with us as to how you are likely to be affected by the nullification of your British citizenship. If you are not sure how nullification of your British citizenship affects your right to remain in the country, please get in touch and our specialists advisors can help to set your mind at ease.
Are my family members affected by nullification?
Potentially, yes. If the family member relies on the British citizenship of the person whose British citizenship is to be nullified then they may well be liable to be deported. If you were previously in the country with Indefinite Leave to Remain (ILR) then you should be ok as you will revert back to this status. It is likely that if you have children you will be more likely to able to remain in the country. If you did not have Indefinite Leave to Remain (ILR) before applying for British citizenship then that could cause issues for your family and you should get in touch.
Where can I get more help?
If you need more help with a British citizenship query, or indeed any other immigration query then please get in touch. Our immigration solicitors have years of experience in helping clients just like you to maintain their status in the UK. So if you are facing difficulties, do not suffer in silence; get in touch.