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if Ilr revoke and 2 child has British passport?

Posted: Thu Feb 18, 2016 11:36 am
by HND STUDENT
If someone ILR revoked but his two children has British passport. What will be status of 2 British passport holders children's while father ILR revoked. Please advise. Thanks.

Re: if Ilr revoke and 2 child has British passport?

Posted: Thu Feb 18, 2016 11:40 am
by Casa
If the children were only granted BC due to their father's settled status (ILR) I would assume they may lose their citizenship. Wait for further advice from others to confirm.

Re: if Ilr revoke and 2 child has British passport?

Posted: Thu Feb 18, 2016 11:58 am
by zahmed05
it's very rare for the ILR to get revoked.

Did you do any deception during ILR process?

Re: if Ilr revoke and 2 child has British passport?

Posted: Thu Feb 18, 2016 11:58 am
by noajthan
HND STUDENT wrote:If someone ILR revoked but his two children has British passport. What will be status of 2 British passport holders children's while father ILR revoked. Please advise. Thanks.
See HO guidance on this vital question - for ILR:
https://www.gov.uk/government/uploads/s ... ctober.pdf
- see section 5.1 on dependents;
(ofcourse citizens no longer have ILR anyway).

And for citizens see:
http://www.parliament.uk/briefing-papers/sn06820.pdf

Re: if Ilr revoke and 2 child has British passport?

Posted: Thu Feb 18, 2016 12:19 pm
by tier1o
In May 2014 James Brokenshire, Minister for Immigration and Security, gave figures for the
number of deprivation orders issued since 2006

-> 27 deprivations had occurred on conducive to the public good grounds; and

-> 26 deprivations had occurred on fraud, false representations or concealment of
material fact grounds, and another case was outstanding.

Based on the above figures - to revoke citizenship is highly unlikely. However, it is a possibility.

Re: if Ilr revoke and 2 child has British passport?

Posted: Thu Feb 18, 2016 12:22 pm
by HND STUDENT
Thanks for your reply. If 2 child was born in UK, does it make any difference?Please advise.

Re: if Ilr revoke and 2 child has British passport?

Posted: Thu Feb 18, 2016 12:23 pm
by Casa
The 'good character' rule for BC has become far tougher since 2014, with refusals and revocation of ILR now occurring in many cases due to the ETS scandal.

Re: if Ilr revoke and 2 child has British passport?

Posted: Thu Feb 18, 2016 12:33 pm
by secret.simon
It is an interesting question. Do they have any other nationality?

British citizenship is granted under different laws from ILR. In theory, ILR can be revoked much more easily than British citizenship.

My guess would be that as the children were entitled to British citizenship under Section 1(3), they would retain their British citizenship on the grounds that Section 1(3) was indeed engaged when the parent had ILR. To the best of my knowledge, loss of ILR by the parent later on, such as by staying outside the UK for two years, does not lead to loss of British citizenship for the children who were entitled to it.

But that is merely an informed hypothesis.

Here is a detailed guidance note from the Home Office on deprivation and nullity of British citizenship. It does seem to suggest that as children are not considered complicit in deception, their citizenship won't be revoked.
55.7.8.1 If the person was a child at the time the fraud, false representation or concealment of material fact was perpetrated, the caseworker should assume that they were not complicit in any deception by their parent or guardian.

Re: if Ilr revoke and 2 child has British passport?

Posted: Thu Feb 18, 2016 2:49 pm
by HND STUDENT
Thanks guys for your answers. Is anyone have any more knowledge about this and please share. Two children born in UK and got British passport based on father ILR, now if father ILR is revoked what will be status of two children. Thanks.

Re: if Ilr revoke and 2 child has British passport?

Posted: Thu Feb 18, 2016 2:50 pm
by noajthan
HND STUDENT wrote:Thanks guys for your answers. Is anyone have any more knowledge about this and please share. Two children born in UK and got British passport based on father ILR, now if father ILR is revoked what will be status of two children. Thanks.
I think you have your answer/s above.

Re: if Ilr revoke and 2 child has British passport?

Posted: Thu Feb 18, 2016 3:20 pm
by Wanderer
HND STUDENT wrote:Thanks guys for your answers. Is anyone have any more knowledge about this and please share. Two children born in UK and got British passport based on father ILR, now if father ILR is revoked what will be status of two children. Thanks.
Is there an echo?

Re: if Ilr revoke and 2 child has British passport?

Posted: Thu Feb 18, 2016 10:39 pm
by Richard W
Wanderer wrote:
HND STUDENT wrote:Thanks guys for your answers. Is anyone have any more knowledge about this and please share. Two children born in UK and got British passport based on father ILR, now if father ILR is revoked what will be status of two children. Thanks.
Is there an echo?
I suspect someone wants us to do his homework.

The key point is that the father did have ILR, so if the children gained nationality as a consequence of being born while the father has ILR, his losing it does not change that fact. The example of the Spanish lady Mrs A in SN06820.pdf suggests that if the father had gained ILR by deception, they should nonetheless retain British citizenship. If the father lost ILR for robbing a post office, and the children were not involved, they retain citizenship.

Re: if Ilr revoke and 2 child has British passport?

Posted: Thu Feb 18, 2016 11:21 pm
by Rassel
Whats the reason your ILR revoke?
but its very rare H/O will revoke British Passport of your kids.

HC Deb 3 June 2013 c892-3W: (...) Mr Harper: Since 2000, 24 individuals have had their British citizenship revoked in the following years:
Number
2006 1
2007 1
2009 2
2010 5
2011 6
2012 6
2013 3
facts.
(...)
Of the 24, 20 were deprived on conducive grounds alone; two on both conducive and fraudulent grounds and two because of fraud, false representation or concealment of


HND STUDENT wrote:Thanks for your reply. If 2 child was born in UK, does it make any difference?Please advise.

Re: if Ilr revoke and 2 child has British passport?

Posted: Fri Feb 19, 2016 9:53 am
by Casa
Casa wrote:The 'good character' rule for BC has become far tougher since 2014, with refusals and revocation of ILR now occurring in many cases due to the ETS scandal.
As my previous post...the percentage of revocations are likely to have increased since 2014.

Re: if Ilr revoke and 2 child has British passport?

Posted: Wed Feb 24, 2016 9:33 pm
by noajthan
Example of recent revoking of passport:
http://www.immigrationboards.com/britis ... 03915.html

Re: if Ilr revoke and 2 child has British passport?

Posted: Wed Feb 24, 2016 10:56 pm
by Rassel
Passport has been revoked on the grounds of fraud.
noajthan wrote:Example of recent revoking of passport:
http://www.immigrationboards.com/britis ... 03915.html