What deprivation means
Deprivation is the removal of British citizenship by the Home Secretary. The Home Office can deprive a person of British citizenship in two main situations: where it considers that deprivation is conducive to the public good, for example because of serious criminality or involvement in terrorism, and where citizenship was obtained by fraud, false representation or concealment of a material fact. A person born British, with no other nationality, generally cannot be made stateless by deprivation, although the rules on this have been amended and the position is contested.
The notice
Before a decision, the Home Office normally sends a notice of intention to deprive, which gives the reasons and invites representations. This is the stage at which good evidence can change the outcome. If a notice is sent to you, or to an old address, or you only learn of it late, contact us at once. Where the Home Office cannot contact you, it can serve notice by publishing it on the person’s file, and a decision can be made without you knowing.
The right of appeal
A decision to deprive someone of British citizenship carries a right of appeal to the First-tier Tribunal (Immigration and Asylum Chamber). The deadline depends on where you are when you receive the decision, and it is short: 14 days from inside the UK and 28 days from outside. There is no Tribunal fee for an appeal against deprivation of citizenship.
Grounds for the appeal
The appeal can argue that the Home Office has not proved the fraud or the public good ground, that the decision breaches human rights, or that the person would be rendered stateless, or that the decision is otherwise wrong in law or procedure. The Tribunal can look at the evidence for itself, and the Home Office carries the burden of proving the case for deprivation.
Why it matters beyond the loss of a passport
Losing citizenship removes the right to live in the UK. A person deprived of citizenship may have no immigration status and may be liable to removal, and may need a fresh application for permission to stay. Their family may also be affected. The best protection is a careful application in the first place: honest, complete and well evidenced. See good character and British citizenship.
How we help
We read the notice, advise on the response and prepare representations. If a decision is made, we prepare and file the Notice of Appeal with the First-tier Tribunal. We do not conduct court proceedings outside the Tribunal. See immigration appeals.
