If you have applied for British Citizenship and the UKVI/Home office has refused your application and you feel you have been deprived of your rights then you can contact our team of expert immigration solicitors, UKVI/Home office would have granted you the right of appeal (appeal against deprivation of British Citizenship) under section 40A (1) of the British Nationality Act 1981.
Home Office Power to Deprive Citizenship
General Power (Appeal Against Deprivation of British Citizenship)
Under s.40 of the 1981 Act, as amended by the Nationality, Immigration and Asylum Act 2002 from 1 April 2003 and by the Immigration, Asylum and Nationality Act 2006 from 16 June 2006, any British citizen, British overseas territories citizen, British Overseas citizen, British National (Overseas), British protected person or British
subject may, by Order, be deprived of his or her citizenship or status if the Home Secretary is satisfied that:
a. it would be conducive to the public good to deprive the person of his or her British nationality, and that s/he would not become stateless as a result of the deprivation
(ss.40(2) and (4)); or
b. where the person acquired the citizenship (APPEAL AGAINST DEPRIVATION OF BRITISH CITIZENSHIP) or status as a result of his registration or naturalisation on or after 1 January 1983, the registration or naturalisation was
obtained by means of:
• fraud; or
false representation; or
• the concealment of any material fact (s.40(3)); or
c. where the person acquired the citizenship or status on account of his registration or naturalisation before 1983, the registration or naturalisation was obtained by means of:
• fraud; or
• false representation; or
• the concealment of any material fact (s.40(6)
“False representation” means a representation that was dishonestly made on the applicant’s part i.e. an innocent mistake would not give rise to a power to order deprivation under this provision
“Concealment of any material fact” means operative concealment i.e. the concealment practised by the applicant must have had a direct bearing on the decision to register or, as the case may be, to issue a certificate of naturalisation.
How Can We Help?
The work to be carried out by our immigration solicitors on your appeal:
a) Filing a notice of appeal with the First Tier Immigration and asylum Tribunal
b) Based on your instructions will draft the Grounds of Appeal
c) Will advice you with the requisite documentary evidence to be submitted in support of your appeal.
d) Will draft your witness statement
c) Will draft a Appeal Skeleton Arguments
d) Index to bundle of documents which will be served on the respondent (UKVI/Home Office presenting officer) and to the First-Tier Tribunal Immigration and Asylum Chamber.
e) Brief to the Counsel (Barrister)
Why Choose Asher & Tomar Solicitors
Our team of expert Immigration Solicitors based in London and Cardiff can advise and represent your complex immigration matter at every stage from First Tier Tribunal to the Upper tribunal field house, Court of Appeal, and Supreme Court.