Ex-Wife's Uk Passport Revoked

[stillme0007]

Hi,
My ex-wife's passport was revoked a week ago while she was trying to apply for a passport for her daughter.
She was told to contact the home office, she is now talking to a lawyer regarding this.

I came to the UK on a student visa in 2005, we were married in 2008 and got divorced in 2011 (infidelity on her part and a whole lot of other stuffs), I obtained my ILR and Nationality while we were together in 2010.

I am now married with 2kids, my Wife and my first child ( was born when i wasn't a British Citizen) are both on limited leave to remain on the 5yrs British Spouse rule, currently on the 2nd yr of the 5yr rule.

My second child has obtained her British Passport through me because she was born here.

I'm working full time and everything is going normal until i heard this news.


I got to know about this because we share a common friend who told me what happened and knew us when we were together.

As far as i know, she wasn't born here, but she has lived here since she was 3yrs old , she has spent 27yrs here..
she told me then she acquired her citizenship through her dad.

My friend is of the opinion that she's holding something back about her citizenship according to the conversation they had.

Now that her citizenship has been revoked after 27yrs, what is the implication for me, cos i got my citizenship through her....

Will she get it back?

My marriage with her ended 5yrs ago and everything i got was in accordance to the immigration rules

What do i do about this news?

[Siraj ud-Daulah]

Is your friend trolling you? Sounds like a joke, a bad joke. Why did her citizenship gets revoked after 27 years? Unless she's part of terrorist organisation. Your marriage was not based on deception so leave was obtained legally, hence it would not impact you.

Meanwhile, try finding out the exact cause and let us know, thanks.

[noajthan]

Hi,
My ex-wife's passport was revoked a week ago while she was trying to apply for a passport for her daughter.
She was told to contact the home office, she is now talking to a lawyer regarding this.

...

My friend is of the opinion that she's holding something back about her citizenship according to the conversation they had.

Now that her citizenship has been revoked after 27yrs, what is the implication for me, cos i got my citizenship through her....

...

What do i do about this news?

It's very rare for a passport to be revoked.
http://www.bbc.co.uk/news/uk-politics-21783475

This is current basis on which it is done:
Ref: http://www.parliament.uk/briefing-papers/SN06820.pdf

A decision to refuse or withdraw a passport must be necessary and proportionate. The decision to withdraw or refuse a passport and the reason for that decision will be conveyed to the applicant or passport holder. The disclosure of information used to determine such a decision will be subject to the individual circumstances of the case.

The decision to refuse or to withdraw a passport under the public interest criteria will be used only sparingly

A passport application may be refused or an existing passport may be withdrawn. These are the persons who may be refused a British passport or who may have their existing passport withdrawn:

i. a minor whose journey was known to be contrary to a court order, to the wishes of a parent or other person or authority in whose favour a residence or care order had been made or who had been awarded custody; or care and control; or

ii. a person for whose arrest a warrant had been issued in the United Kingdom, or

iii. a person who was wanted by the United Kingdom police on suspicion of a serious crime; or a person who is the subject of:

• a court order, made by a court in the United Kingdom, or any other order made pursuant to a statutory power, which imposes travel restrictions or restrictions on the possession of a valid United Kingdom passport; or
  bail conditions, imposed by a police officer or a court in the United Kingdom, which include travel restrictions or restrictions on the possession of a valid United Kingdom passport; or
  an order issued by the European Union or the United Nations which prevents a person travelling or entering a country other than the country in which they hold citizenship; or
  a declaration made under section 15 of the Mental Capacity Act 2005.

iv. A person may be prevented from benefitting from the possession of a passport if the Home Secretary is satisfied that it is in the public interest to do so. This may be the case where:

• a person has been repatriated from abroad at public expense and their debt has not yet been repaid. This is because the passport fee supports the provision of consular services for British citizens overseas; or
  a person whose past, present or proposed activities, actual or suspected, are believed by the Home Secretary to be so undesirable that the grant or continued enjoyment of passport facilities is contrary to the public interest

.

There is no guilt by association in UK so whatever has happened to your ex-wife should not be used by any authotities to prejudice or persecute you.

[noajthan]

Above post is no longer editable.
I meant to add:

Regarding citizenship, here's the caseworker's guidance:
https://www.gov.uk/government/uploads/s ... eption.pdf

There is no guilt by association in UK so whatever has happened to your ex-wife should not be used by any authorities to prejudice or persecute you.

You cannot be held responsible for her past dealings with HO and any/all representations that she may have made in past applications for settlement or naturalisation and passports (over the last 20+ years).

You are ofcourse responsible for all applications and dealings with HO made in your name; they do expect all applications to be honest & made in good faith, (allowing for honest errors or omissions).

[stillme0007]

Thanks for the insight

I'll find out exactly why her passport was revoked and get back to you on it.


Thanks very much

[t123456789]

Without knowing the exact details, I'll take a stab in the dark.

We're talking about revoking a passport here, not citizenship. The reason is most likely that she was never entitled to a passport in the first place because she is not a British citizen. (See this post and here).

From what I've seen here on the boards it seems the passport office issues passports sometimes when they're not supposed to. And it often involves children who come across with the parents. The parents continue to live here and attain ILR, the child grows up in the UK but the parents never register them for citizenship. The child gets a British passport due to lax checks and just assumes they're British, using the original passport as proof. All of a sudden the PO looks into the case with their more modern computerised checks, and lo and behold find the person is not British.

I don't think this will affect you, the HO would have to prove that this was deliberate fraud and you were complicit in it.

[stillme0007]

Hi,
I just got this

This is exactly what happened

Quoting from user t123456789

"From what I've seen here on the boards it seems the passport office issues passports sometimes when they're not supposed to. And it often involves children who come across with the parents. The parents continue to live here and attain ILR, the child grows up in the UK but the parents never register them for citizenship. The child gets a British passport due to lax checks and just assumes they're British, using the original passport as proof. All of a sudden the PO looks into the case with their more modern computerised checks, and lo and behold find the person is not British"


Now she has to proof she's been living here from her childhood by gathering all past documents with her parents ILR

My question is, will she get her passport back or will she be getting ILR , then Naturalize afterwards?

Hope it wont affect me in anyway the home office concludes.....


Regards

[t123456789]

I'm not sure, there was a charity that issued a pamphlet on this subject about a year ago, but unfortunately I can't find it. Somebody posted it in one of the forums here.

For sure though she won't be getting her passport back any time soon. HMPO doesn't give two hoots, until you can prove you're British they're not going to give you a passport. She'll have to argue this with the HO.

My guess is they'll give her ILR and she'll have to apply for naturalisation, but I'm not sure. I assume at least one of her parents attained ILR while she was a minor, and that was transferred to her as a dependant. In a odd turn of events, her daughter will probably get her British passport (if she was born in the UK) because she was born to someone who held ILR.

[stillme0007]

hi,

Thanks for your response once again.

Its now obvious she wont be getting her passport back anytime soon..

I went thru the normal process of getting my ILR , Naturalization and then British Passport albeit through her having a British Passport.

Will this have an impact on me in any way as she doesn't have a British passport anymore.....


Regards

[noajthan]

...

Now she has to proof she's been living here from her childhood by gathering all past documents with her parents ILR

My question is, will she get her passport back or will she be getting ILR , then Naturalize afterwards?

Hope it wont affect me in anyway the home office concludes.....


Regards

Not much to go on in the caseworker's guidance but there is a section on Special Cases (see sections 6.3.9 - 6.3.11) that gives a clue how your ex-wife's case may be handled:
https://www.gov.uk/government/uploads/s ... 50429_.pdf