Under Section 40A(1) of the British Nationality Act 1981, you can appeal against a decision of the Home Office to deprive you of your British nationality. A decision on deprivation of citizenship under section 40 of the British Nationality Act 1981 is made on grounds of fraud, false representation or concealment of a material fact or on grounds of conduciveness to the public good. Section 40 of the British Nationality Act 1981 gives the Secretary of State powers to deprive a person of his British citizenship, and Section 40A(1) of the British Nationality Act 1981 gives a statutory right of appeal to the First Tier Tribunal against such decision of the Secretary of State to deprive a person of his British citizenship.
Premium Solicitors, open 7 days a week and 365 days a year, are specialist UK immigration solicitors. The high quality of UK visa and immigration services provided by our best team of fully qualified and experienced SRA-regulated immigration solicitors is self-evident from the 5-star Google Reviews rating by 99% of our clients.
Free Immigration Advice for Appeal Against Deprivation of British Nationality
Our specialist team of immigration solicitors can provide one-off 5-minute free immigration advice online in relation to your appeal against the deprivation of British nationality. Ask a question online to our specialist team of immigration solicitors for free immigration advice online, or book an appointment online for detailed immigration advice and consultation with one of our immigration solicitors concerning your application for appeal against deprivation of British nationality.
What are the Grounds for Deprivation of British Nationality?
The power to deprive a person of British Citizenship has been possible for over a century since the 1914 British Nationality and Status of Aliens Act. It is currently in section 40 of the British Nationality Act 1981 and can be used by the Secretary of State for the Home Department (SSHD) for two reasons, which are as follows:
Deprivation Of British Citizenship Where It is Conducive to the Public Good
Deprivation of citizenship where it is conducive to the public good is reserved for those who pose a threat to the UK or whose conduct involves very high harm, for example, in response to activities such as those involving:
- national security, including espionage and acts of terrorism
- unacceptable behaviour such as the ‘glorification’ of terrorism
- war crimes
- serious organised crime
“Conducive to the public good” means that it is in the public interest to deprive an individual of British citizenship because of their conduct and/or the threat they pose to the UK. Examples of when a person can be deprived of British citizenship on the grounds that it is conducive to the public good include, but are not limited to:
- the interests of national security, for reasons relating to terrorism, hostile state activity, or any other reason
- where the person has been involved in serious organised crime
- where the person has been involved in war crimes, crimes against humanity, or other unacceptable behaviour
There may be overlap between these; for example, serious organised crime may have implications for national security.
A decision to deprive a person of British citizenship on the grounds it is conducive to the public good (conducive grounds) can only be made by the Home Secretary (or in their absence, another Secretary of State) and it is for them to determine personally whether a person’s actions are such that it is in the public interest that they are no longer a British citizen. In such cases, the power is used sparingly and complies with the UN Convention on the Reduction of Statelessness.
Deprivation of British Citizenship on the Grounds of Fraud
Deprivation of citizenship on the grounds of fraud applies to those who obtained citizenship fraudulently and were never entitled to it in the first place. An individual in the UK who has been deprived of their British citizenship no longer has any UK immigration status, and they might be granted permission to stay, or the Home Office UKVI might take steps to remove them from the UK. If they are overseas, they cannot re-enter the UK using a British passport.
Section 40(3) of the BNA 1981 provides for a person who has naturalised or registered as a British citizen, British Overseas Territories Citizen, British Overseas Citizen, British National (Overseas), British Protected Person or British Subject to be deprived of their citizenship if the Home Secretary is satisfied that citizenship was obtained by means of:
- fraud
- false representations
- concealment of a material fact
Statelessness is not a bar to deprivation of citizenship under section 40(3), although it may be a factor to be considered by the Secretary of State for the Home Department (SSHD). When considering whether deprivation is appropriate, the UKVI must ensure that it is based on sound evidence and is not reliant on speculation. The standard of proof to be applied when determining whether to deprive a person of British citizenship on the grounds of fraud, false representations, or concealment of a material fact is the balance of probabilities. This means the Home Office UKVI must be satisfied that it is more likely than not that they have used fraud or withheld material facts to obtain citizenship.
The Status Review Unit in UKVI considers cases where deprivation is being considered on the grounds of fraud. Decisions to deprive on the basis of fraud must be approved at the Grade 7 level. However, if the case involves national security issues, the UKVI caseworker must refer it to the Special Cases Unit.
Can I Appeal Against a Decision To Deprive British Citizenship?
Under Section 40A(1) of the British Nationality Act 1981, you can appeal against a decision of the Home Office to deprive you of your British nationality. In BA (deprivation of British citizenship: appeals) [2018] UKUT 00085 (IAC), the Upper Tribunal held, amongst other things, as follows:
"6 The Appeal is to be determined by reference to the evidence adduced to the Tribunal, whether or not the same evidence was before the Secretary Of State when she made her decision to deprive"
Deprivation of British Citizenship and Statelessness
Under section 40(4) of the BNA 1981, a decision to deprive a person of British citizenship, on the basis that to do so is conducive to the public good, cannot be made if the Secretary of State is satisfied that the order would make a person stateless.
However, section 40(4A) of the BNA 1981, introduced by the Immigration Act 2014, provides for the deprivation of British citizenship on conducive grounds, even if it would render a person stateless, if they have conducted themselves in a manner seriously prejudicial to the vital interests of the UK and if there are reasonable grounds for believing that the person is able to become a national of another country or territory.
How Can We Help With an Appeal Against Deprivation of British Citizenship?
Our specialist team of immigration solicitors and lawyers in London can represent you in your immigration appeal to the First Tier Tribunal (FTT) against the Home Office UKVI decision to deprive you of your British Citizenship and carry out all the work on your immigration appeal until a decision is made by the Immigration Judge of the First Tier Tribunal (FTT) on your immigration appeal. The immigration casework to be carried out by our immigration appeal lawyers on your immigration appeal will entail the following:
Discussing reasons for refusal and grounds for appeal: Our immigration appeal lawyers will discuss the reasons for refusal with you and advise you on potential grounds for appeal against the deprivation of your British citizenship.
Advice on chances of success: Our immigration appeal lawyers will advise you on the chances of success in your immigration appeal against the deprivation of your British citizenship.
Advice on the process and costs: Our immigration appeal lawyers will advise you on the timeframe, the costs involved and the court procedures;
Drafting grounds of appeal: Our immigration appeal lawyers will draft the grounds of appeal to challenge the refusal in the court, arguing how the deprivation of your British citizenship is unlawful.
Advice on documentary evidence: Our immigration appeal lawyers will advise you on documentary evidence to be submitted in support of your appeal against the deprivation of your British citizenship.
Filing an appeal online: Our immigration appeal lawyers will complete the relevant appeal form to submit the notice of appeal, the grounds of appeal and the supporting documents to the First Tier Tribunal (FTT);
Complying with court directions: Our immigration appeal lawyers will liaise with the first-tier tribunal after the appeal is filed and fully comply with all court directions.
Assessment of the respondent's bundle: Our immigration appeal lawyers will assess the Home Office Bundle (also known as the Respondent's bundle).
Preparing brief to Counsel: Our immigration appeal lawyers will prepare a brief for the Barrister and instruct the Barrister so that the Barrister can represent you in your appeal against the deprivation of your British citizenship.
Preparing witness statements: Our immigration appeal lawyers will prepare detailed witness statements of all the relevant witnesses who will appear in court to give evidence before the Immigration Judge of the First Tier Tribunal (FTT).
Preparing the Appellant's bundle of documents: Our immigration appeal lawyers will prepare the indexed and paginated appeal bundle of all supporting documents and file it with the court and the Home Office Presenting Officers Unit (HOPOU).
Arranging pre-hearing conference with Barrister: Where necessary, our immigration appeal lawyers will arrange a pre-hearing conference with the Barrister who will discuss your immigration appeal case with you and advise you about the court procedures in relation to your immigration appeal.
Follow-up work: Our immigration appeal lawyers will do all the follow-up work until a written determination (decision) of your immigration appeal is received from the court.
Why Choose Us for an Appeal against Deprivation of British Nationality?
There are a number of reasons why you can choose our immigration solicitors and lawyers in London to handle your appeal against the deprivation of British nationality. The main reasons include the following:
High-Quality Legal Services: Our team of the best immigration solicitors in London provides high-quality legal services for appeals against deprivation of British nationality. The high quality of UK visa and immigration legal services provided by our best team of immigration lawyers is self-evident from the 5-star Google Reviews rating by 99% of our clients.
Remote Legal Services: Our specialist immigration solicitors and lawyers can provide you with expert immigration advice and legal representation, remotely from our London offices. Using modern technology, our specialist immigration solicitors and lawyers can handle your appeal against the deprivation of British nationality remotely without the need for you to visit our offices. Whilst we are more than happy to welcome clients into our offices, if this is their preference, we are proud to offer our legal services for appeals against deprivation of British nationality remotely to save you time and travel costs.
Open 7 Days A Week: We are open 7 days a week and pride ourselves on providing dedicated immigration advice and legal representation for appeals against deprivation of British nationality.
All Work Carried Out By Qualified Specialist Immigration Solicitors: All the casework on your application for appeal against deprivation of British nationality will be carried out by our specialist team of fully qualified and experienced immigration solicitors who have extensive experience of dealing with appeals against deprivation of British nationality.
Free Immigration Advice Online: Our specialist team of immigration solicitors and lawyers can provide one-off free online immigration advice for an appeal against deprivation of British nationality via our website enquiry form.
Fixed Fees With Payment Plan: Our immigration solicitors and lawyers charge reasonable and affordable fixed fees for an application for appeal against deprivation of British nationality with the option to pay our fixed fee in two instalments whereby you pay half of the agreed fixed fee when we start our work on your appeal against deprivation of British nationality and the remaining half when we have prepared the Appellant's bundle of documents and it is ready for submission to the court and the Home Office UKVI.
Specialist Immigration Solicitors for Appeal against Deprivation of Nationality
Our immigration solicitors are specialists in appeals against the UKVI decision to deprive British nationality. As one of the best immigration appeals lawyers, we have an excellent track record of helping clients succeed with their appeals against deprivation of British nationality. Our highly experienced and fully qualified immigration solicitors can provide fast, friendly, reliable, and fixed-fee immigration advice and legal representation for your appeal against deprivation of British nationality.
The high quality of UK visa and immigration legal services provided by our best team of immigration lawyers is self-evident from the 5-star Google Reviews rating by 99% of our clients. Our London-based immigration solicitors are available 7 days a week, 365 days a year, offering unwavering dedication and exceptional legal support for a wide range of UK visa and immigration cases. Our team of highly regarded immigration solicitors brings together more than 6 decades of collective, specialised expertise in successfully handling immigration appeals.
Meet Our Team of Immigration Solicitors in London
At Premium Solicitors, our strength lies in the expertise, dedication, and unwavering commitment of our immigration solicitors in London. We understand that British citizenship matters are life-changing events, and our team is here to guide you through every step of the immigration appeal process with professionalism and care.
Our team comprises a diverse group of immigration solicitors, each bringing a wealth of experience and knowledge to the table. We are united by a shared goal: to deliver the highest level of legal support and advocacy tailored to your immigration needs.
Arshad Mahmood
Specialist UK Immigration Solicitor
Tushita Scalzullo
Specialist UK Immigration Solicitor
Nargis Khodadady
Specialist UK Immigration Solicitor
Asad Malik
Specialist UK Immigration Solicitor
Alina Rizvi
Specialist UK Immigration Solicitor
Victoria Gbenoba
Specialist UK Immigration SolicitorOur team of expert immigration solicitors and lawyers is proficient in English, Urdu, Punjabi, Hindi, Marathi, Farsi, Italian, and German, enabling us to communicate effectively with you regarding your immigration matters.
Schedule Your Consultation With Our Immigration Solicitors
Are you seeking expert immigration advice and consultation for your appeal from our highly experienced and qualified team of immigration solicitors and lawyers in London? It's easy to secure an appointment with our dedicated British nationality law specialists. Our expert team of immigration solicitors and advisors can provide detailed immigration advice and consultation, face-to-face in our offices in London and Birmingham or virtually via Zoom, Microsoft Teams, WhatsApp, or Phone. Book your appointment today using the appointment booking link provided below:
Our immigration experts are ready to assist you with your UK visa and immigration concerns. Book your appointment today for personalised guidance and support.
Our Fixed Fees for Your Immigration Appeal
Our fixed fee for processing your appeal to challenge the deprivation of British Nationality ranges from £3,000 + VAT to £5,000 + VAT. Our fixed fee will cover all our work on your appeal until the Immigration Judge issues a decision.
Our fixed fee will depend on the complexity of your case and the volume of work involved in your appeal. You will make an initial payment of half our fee when we start working on your matter, and the remaining half is due once we have fully prepared the appellant's bundle and it is ready for submission.
In addition to our fixed fee for assisting you with your appeal, you must pay the court fees and the Barrister's fees separately.
What Are Our Other Related Services?
- British Citizenship
- Immigration Appeals UK
- Reconsideration of Naturalisation Refusal
- Judicial Review (JR) against the Home Office UKVI
Frequently Asked Questions (FAQs)
The following are the various frequently asked questions (FAQs) about an appeal against deprivation of British nationality:
Deprivation of British nationality occurs when the Home Secretary removes a person’s British citizenship. This power is exercised under Section 40 of the British Nationality Act 1981. The Home Office may deprive a person of their British citizenship if it believes the nationality was obtained through fraud, false representation, concealment of material facts, or if deprivation is considered conducive to the public good.
Yes. In many cases, you have the right to appeal against a deprivation of British nationality decision made by the Home Office. The appeal is normally heard by the First-tier Tribunal (Immigration and Asylum Chamber). If the deprivation is based on national security grounds, the appeal may instead be heard by the Special Immigration Appeals Commission (SIAC).
The Home Office may deprive a person of British citizenship for several reasons, including:
- Citizenship obtained through fraud or deception
- False information or documents submitted in the original application
- Concealment of material facts
- Activities considered not conducive to the public good, such as involvement in serious criminality or national security concerns
Each case is assessed individually by the Home Office.
You usually have 14 days to lodge an appeal if you are inside the UK. If you are outside the UK, the time limit is generally 28 days from the date you receive the decision notice. It is crucial to seek legal advice immediately to ensure the appeal is submitted within the strict deadline.
You may challenge the decision on several legal grounds, including:
- The Home Office made an error of law
- The decision is disproportionate
- The Home Office failed to consider human rights factors, including Article 8 (right to private and family life)
- The allegation of fraud or deception is incorrect
- The decision was procedurally unfair
An experienced immigration solicitor at Premium Solicitors can assess the strength of your case.
Under UK law, the Home Secretary must generally avoid making a person stateless. However, in certain limited circumstances involving national security or conduct seriously prejudicial to the UK, deprivation may still occur even if it results in statelessness.
The evidence required will depend on the circumstances of the case. Common evidence may include:
- Previous immigration and nationality application records
- Evidence showing that no fraud or misrepresentation occurred
- Witness statements
- Documentary evidence supporting your lawful status
- Evidence relating to family life and private life in the UK
Properly prepared evidence is crucial to strengthening your appeal.
In many cases, you may remain in the UK while your appeal against deprivation of British nationality is pending. However, the Home Office may impose immigration conditions or temporary leave. Each case depends on the circumstances and the Home Office decision.
Appeals can take several months or longer, depending on the complexity of the case and tribunal scheduling. Cases involving national security issues may take longer due to the involvement of SIAC proceedings.
While it is possible to lodge an appeal without legal representation, these cases often involve complex legal arguments, detailed evidence, and strict procedural rules. Seeking assistance from experienced immigration solicitors specialising in nationality law significantly improves the chances of presenting a strong case.
Under Section 40A(1) of the British Nationality Act 1981, you can appeal against a decision of the Home Office to deprive you of your British nationality.
What is the recent judgement of Upper Tribunal on appeal against deprivation of British nationality?
In a recent judgment in Chimi (deprivation appeals; scope and evidence) Cameroon [2023] UKUT 00115 (IAC), published on 19 May 2023, the Upper Tribunal has provided guidance on deprivation of British citizenship appeals, particularly their scope and the evidence that the Tribunal can consider.
The headnote of the judgment of the Upper Tribunal (UT) reads:
(1) A Tribunal determining an appeal against a decision taken by the respondent under s40(2) or s40(3) of the British Nationality Act 1981 should consider the following questions:
(a) Did the Secretary of State materially err in law when she decided that the condition precedent in s40(2) or s40(3) of the British Nationality Act 1981 was satisfied? If so, the appeal falls to be allowed. If not,
(b) Did the Secretary of State materially err in law when she decided to exercise her discretion to deprive the appellant of British citizenship? If so, the appeal falls to be allowed. If not,
(c) Weighing the lawfully determined deprivation decision against the reasonably foreseeable consequences for the appellant, is the decision unlawful under s6 of the Human Rights Act 1998? If so, the appeal falls to be allowed on human rights grounds. If not, the appeal falls to be dismissed.
(2) In considering questions (1)(a) and (b), the Tribunal must only consider evidence which was before the Secretary of State or which is otherwise relevant to establishing a pleaded error of law in the decision under challenge. Insofar as Berdica [2022] UKUT 276 (IAC) suggests otherwise, it should not be followed.
(3) In considering question (c), the Tribunal may consider evidence which was not before the Secretary of State but, in doing so, it may not revisit the conclusions it reached in respect of questions (1)(a) and (b).
The Home Office UKVI makes decisions after carefully considering advice from officials and lawyers and in accordance with international law, including the UN Convention on the Reduction of Statelessness. Each case is assessed individually.
An individual can seek to exercise their statutory right of appeal against the decision, even if not aware of their deprivation at the time. The clause in the Nationality and Borders Bill would not impact the individual’s right of appeal. The Home Office UKVI will explain their appeal rights when they contact UKVI.
The European Convention on Human Rights (ECHR) does not contain an absolute right to acquire a particular nationality or citizenship. However, once the UKVI has assessed that a person meets the threshold for deprivation of citizenship, they must consider whether their human rights are engaged. This does not mean they should not be deprived of citizenship, but where deprivation might interfere with a qualified ECHR right, the UKVI must carefully consider the impact deprivation would have on the person, and, if appropriate, their dependants and whether it would be proportionate. For example, such consideration is more likely to be relevant in relation to Article 8, where the person to be deprived is in the UK and has been for some time.
The Home Office UKVI must balance the impact deprivation will have against the reasons for depriving. Just because deprivation would mean that a person may experience disruption to their life, for example, they may lose their job or access to benefits, it does not mean they should not be deprived of British citizenship. In the case of Aziz [2018 EWCA Civ 1884], the Court of Appeal made a clear distinction between the impact on a person’s human rights of a decision to deprive versus the impact of a decision to deport.
In addition, the court found that it was unnecessary to conduct an assessment of a person’s human rights as part of a decision to deprive in anticipation of whether they would be deported because that assessment would be done at a later stage in response to representations against deportation or removal.
Article 1 of the ECHR limits a contracting State’s obligations to secure the rights and freedoms set out in the Convention to those individuals within its jurisdiction. However, where a person is overseas and therefore outside the scope of the Human Rights Act 1998 when a decision is made to deprive them of British citizenship, the Home Office UKVI must consider if deprivation would expose those individuals to a real risk of mistreatment which would constitute a breach of Articles 2 or 3 as if they were within the UK’s jurisdiction and those articles were engaged.
At Premium Solicitors, our specialist UK immigration solicitors in London provide comprehensive legal support for individuals facing deprivation of British nationality. Our services include:
- Detailed assessment of Home Office decisions
- Preparing and submitting appeal applications
- Drafting legal representations and witness statements
- Preparing supporting evidence
- Representing clients in the Immigration Tribunal
We provide fixed-fee immigration services, transparent advice, and dedicated legal support throughout the appeal process.