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The 14 year rule

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elliothammer
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The 14 year rule

Post by elliothammer » Fri Jan 14, 2011 4:58 pm

Dear all

I was wondering if anyone knows how strict is the HO in applying the 14 year rule for Albanian nationals who obtained British Citizenship by fraudulently claiming that they were Kosovans during the Kosovo war?!

I know the HO started deprivation proceedings against the ones who had less than ten years but never heard of any proceedings against the ones who've been in the UK for over 14 years!

I had access to the caseworkers' checklist dealing with these cases and for this category the form suggested that deprivation proceedings would not commence. My guess is unless there's been involvement in terrorist activity and prison sentences, however I would really appreciate your input. Thanks in advance.

wunder
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Post by wunder » Fri Jan 14, 2011 5:34 pm

But Kosovo war was less than 14 years ago :wink:

elliothammer
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Post by elliothammer » Fri Jan 14, 2011 9:24 pm

Yes but these guys alleged discrimination on grounds of raceand all sorts of things well before the war started so the time period is not an issue, the important thing is that they claimed they were Albanians from Kosovo rather than from Albania!

vinny
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Post by vinny » Sat Jan 15, 2011 2:04 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

geriatrix
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Post by geriatrix » Sat Jan 15, 2011 2:23 am

But what is this 14 year rule? An unwritten rule or something documented?


regards

elliothammer
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Post by elliothammer » Sat Jan 15, 2011 11:48 pm

Thnx Vinnie but in this tcase the defendant did not have 14 years in the UK facts are slightly different . [KB (para: 320(7A): "false representations") Albania [2009] UKAIT 00043 (02 October 2009)].

It seems to me that the HO only react if these guys appeal against a HO's decision of any kind, in the above case against the refusal of his wife's application If they don't ,deprivation proceedings are very unlikely!!! Am I wrong?!

Greenie
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Post by Greenie » Sun Jan 16, 2011 12:48 am

why don't you explain the scenario that you are actually asking about rather than asking a question about a broad group of people who will all have different circumstances?

vinny
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Post by vinny » Sun Jan 16, 2011 1:09 am

Chapter 55: Deprivation (section 40) and nullity wrote:55.5 Timing

55.5.1 There is no specific time limit within which deprivation procedures must be initiated. A person to whom s.40 of the 1981 Act applies remains indefinitely liable to deprivation on the terms outlined above.
Chapter 55: Deprivation (section 40) and nullity wrote:55.7.2.5

• If a person has been resident in the United Kingdom for more than 14 years we will not normally deprive of citizenship
is subject to
Chapter 55: Deprivation (section 40) and nullity wrote:55.7.2.6 Deprivation on fraud grounds regardless of length of residence

Although the Secretary of State will not normally deprive someone of their British citizenship where they have more than 14 years residence in the United Kingdom (long residence), circumstances in which the Secretary of State may still proceed to deprive of British citizenship include, but are not limited to, where:
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

elliothammer
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Post by elliothammer » Sun Jan 16, 2011 7:28 pm

thnx Vinnie

Tonyb2
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Re: The 14 year rule

Post by Tonyb2 » Thu Dec 05, 2013 2:00 pm

Been here over 15 years, HO just deprived my british citizenship

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Casa
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Post by Casa » Thu Dec 05, 2013 2:20 pm

I assume you mean 'refused' your application for British Citizenship...not removed it as your post suggests. :?

Tonyb2
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Post by Tonyb2 » Thu Dec 05, 2013 2:24 pm

Mate I was british citizen since 2004. February 2013 after 6 years batle with home office. Finally they cancelled my paasport and certificate.

Good luck

Ayyubi72
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Post by Ayyubi72 » Fri Dec 06, 2013 4:21 pm

Its only fair that people who get to stay in this country by telling big lies and gain citizenship, should be deprived of it when their lies are discovered.

Honest genuine people get refused for minor technical problems with their applications, so why should there be a lenient attitude towards people who have been wholesale liers from day one.

askmeplz82
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Post by askmeplz82 » Fri Dec 06, 2013 9:21 pm

Tonyb2 wrote:Mate I was british citizen since 2004. February 2013 after 6 years batle with home office. Finally they cancelled my paasport and certificate.

Good luck

Reason? are you from Albania too?
UK Student Visa : 04/2004 - 09/2009
EEA Residence Card : 07/2010 - 7/2015
EU Settled Status: Confirmed on 16th July 2019
Naturalisation : Confirmed on 02nd Oct 2020
Passport Approval : 21st Feb 2021

Tonyb2
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Post by Tonyb2 » Sat Dec 07, 2013 12:04 pm

Reason is that I'm albanian not Kosovo.
Always worked, never commit crime,
Never been on state benefit.
Then HO it's after me and not someone that has commit crime, or never paid taxes.


askmeplz82 wrote:
Tonyb2 wrote:Mate I was british citizen since 2004. February 2013 after 6 years batle with home office. Finally they cancelled my paasport and certificate.

Good luck

Reason? are you from Albania too?

Wanderer
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Ireland

Post by Wanderer » Sat Dec 07, 2013 12:56 pm

Tonyb2 wrote:Reason is that I'm albanian not Kosovo.
Always worked, never commit crime,
Never been on state benefit.
Then HO it's after me and not someone that has commit crime, or never paid taxes.


Apart from fraud and deception.
An chéad stad eile Stáisiún Uí Chonghaile....

Ginza
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Re: The 14 year rule

Post by Ginza » Sun Sep 21, 2014 6:54 pm

Tonyb2,

just wondering what's your status now? How did things work out?

Also how did HO manage to figure out that you stated false information? Random check?

Tonyb2
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Re: The 14 year rule

Post by Tonyb2 » Sun Sep 21, 2014 7:15 pm

Status now?
no passport
Also driving licence has been revoked.

I acted as sponsor for my parents to come here on holiday
Family birth certificate was required by British Embassy.

At the moment im waiting from Home Office to come with decision.

Ive been here 17 years, im married to British wife and I have 2 children.
I myself used to work In public transport sector, wife in education. Both kids doing well at school.

Not sure whats going to happen.

Good luck to all who are in same position as me.

Ginza
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Re: The 14 year rule

Post by Ginza » Wed Sep 24, 2014 5:48 am

I see.. So you showed HO your birth certificate with your true place of birth that was different from what HO have on you? Why did you do that? Just didn't think they will cross check?

Best of luck to you!! Don't despair!

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