11 Jul Can British nationality be lost?
Citizenship is not an unconditional and absolute status or right. The Home Secretary possesses the discretion and authority to revoke an individual’s British citizenship in specific circumstances. According to the British Nationality Act 1981 and the relevant case law, British citizenship can be lost through three primary methods. These include:
· Deprivation: The Secretary of State has the authority to strip individuals of their nationality.
· Nullification: Individuals may be determined to have never possessed British citizenship.
· Renunciation: British citizens can voluntarily give up their citizenship by renouncing it.
Deprivation
Based on section 40, citizenship can be deprived/revoked for the following reasons:
- Conducive to public good:
40(2) The Secretary of State may by order deprive a person of a citizenship status if the Secretary of State is satisfied that deprivation is conducive to the public good.
“Public good” typically refers to circumstances where it is deemed necessary to protect national security, maintain public order, or prevent actions that are considered detrimental to the interests of the United Kingdom and its citizens. This can include cases where an individual’s continued citizenship is seen as posing a threat to the country’s security.
However, the Secretary of State cannot make an order under 40(2) if it could render a person stateless, unless:
40 4(A) (a)the citizenship status results from the person’s naturalisation,
(b)the Secretary of State is satisfied that the deprivation is conducive to the public good because the person, while having that citizenship status, has conducted him or herself in a manner which is seriously prejudicial to the vital interests of the United Kingdom, any of the Islands, or any British overseas territory, and
(c)the Secretary of State has reasonable grounds for believing that the person is able, under the law of a country or territory outside the United Kingdom, to become a national of such a country or territory.
The above article usually applies to naturalised migrants and dual citizenship nationals. It argues that they have used their relative right to obtain British citizenship and have the option to move out of the country.
- Deception
British citizenship obtained via registration or naturalisation may be deprived/revoked under section 40(3) if the Secretary of State is satisfied that registration or naturalisation was obtained by fraud, false representation or concealment of a material fact.
40(3) The Secretary of State may by order deprive a person of a citizenship status which results from his registration or naturalisation if the Secretary of State is satisfied that the registration or naturalisation was obtained by means of—
(a)fraud,
(b)false representation, or
(c)concealment of a material fact.
(4) The Secretary of State may not make an order under subsection (2) if he is satisfied that the order would make a person stateless.
Nullification
Losing British nationality can occur through nullification. The purpose of nullification is to revoke citizenship that was granted incorrectly, essentially returning the individual to a state where they were never granted citizenship in the first place. This can be the case when someone has used another person’s identity (impersonation).
In the case of R(Hysaj & Ors) v Secretary of State for the Home Department [2017] UKSC 82, the Supreme Court limited the circumstances in which nullification can be only applied for cases involving impersonation and fraudulent acquisition of British citizenship.
Nullification treats the individual as if they never had British citizenship, which could have implications for the status of their family members as well. It is important to note that nullification does not provide a right of appeal as a remedy, which distinguishes it from the process of deprivation. However, the affected individual can choose to pursue judicial review as a possible legal recourse if they believe there are grounds to challenge the nullification decision.
Renunciation
Renunciation of British citizenship refers to the voluntary act of formally giving up one’s British nationality and associated rights and privileges. When someone decides to renounce their British citizenship, they are essentially relinquishing their status as a British citizen.
Section 12 of the British Nationality Act establishes the process and requirements for the renunciation of British citizenship. If a British citizen of full age and capacity makes a declaration of renunciation in the prescribed manner, the Secretary of State will register the declaration. Once registered, the person will cease to be a British citizen.
However, registration is subject to certain conditions. The Secretary of State must be satisfied that the person will have or acquire citizenship or nationality other than British citizenship. If the person does not have or acquire another citizenship within six months from the date of registration, they will still be considered a British citizen.
There are also restrictions on registration during times of war, as the Secretary of State may withhold registration of declarations made during such periods.
Additionally, the provision recognizes that for the purposes of this section, individuals who have been married or have formed a civil partnership are deemed to be of full age.
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