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Hello Friends,

Someone mentioned that British Citizenship acquired after Naturalization can be revoked if one is out of country for 2 yrs. in one go? I know this is the case for ILR but not sure for BC.
Sounds not right, but please enlighten me on this please.

Kaydee

See also Deprivation and nullity of British citizenship: nationality policy guidance.

For example, they would have to prove that you intentionally deceived. If it's related to prolonged absences, then they should prove deception relating to future intentions requirements, etc?

As a British citizen, you are free to live anywhere you want (of course the country you intend to live in may not grant you leave to remain, but that is a different matter). Being a British citizen doesn't mean you have to be living in the United Kingdom for the rest of your life.

In regards to future intentions, it is pretty much impossible to prove that you lied about it to get your citizenship. Circumstances change and you, as a free person, have your full right to change your mind once you become a British citizen.

However, citizenship can be revoked if you indeed lied in other parts of your application (provide false details, names, identity, etc.). Furthermore, if you are deemed to be a threat to the United Kingdom and you posses another citizenship beside your British one, your British citizenship may be revoked. There are some examples from recent years. Look them up if you are interested.

rely1458 wrote: ↑

Sun Feb 18, 2018 4:41 pm

As a British citizen, you are free to live anywhere you want (of course the country you intend to live in may not grant you leave to remain, but that is a different matter). Being a British citizen doesn't mean you have to be living in the United Kingdom for the rest of your life.

In regards to future intentions, it is pretty much impossible to prove that you lied about it to get your citizenship. Circumstances change and you, as a free person, have your full right to change your mind once you become a British citizen.

However, citizenship can be revoked if you indeed lied in other parts of your application (provide false details, names, identity, etc.). Furthermore, if you are deemed to be a threat to the United Kingdom and you posses another citizenship beside your British one, your British citizenship may be revoked. There are some examples from recent years. Look them up if you are interested.

I believe this is a great answer.

Nobody can prove that your past intent was different (hence deceived HO on future intentions) for living in the UK or elsewhere, and that intent changed after being granted BC as compared to before (technically deception).

Intent is something personal, steady state at certain point in time and not possible to be objectively proven/verified.

Thanks all for your replies. Appreciated.
The question someone raised was about the BC obtained by naturalization.
I agree that based on the absences only, BC can not be revoked.
regards
Kaydee

Who and where is the "someone" that raised the question? I'm not familiar with a single case of British citizenship deprivation based on violating (in retrospect) the future intentions clause...

vinny wrote: ↑

Tue Feb 20, 2018 5:53 am

Application Approved and then refused!!

I believe this is an example of a mistake by the HO that would be easily overruled by a judicial review.

You need to have that intention at the moment of your application not while the application is being considered. Once you sign the naturalisation form AN, you confirm that you intend at that specific moment and date your intent is to remain in the UK. Whether that changes one day or one year later, before or after decision, should not matter. A judicial review would give right to the OP of that tipic and place the burden of proof would be with the HO to provide evidence of different intent BEFORE or ON the application date.

A judicial review by the relevant court would most likely order redress for the OP of that topic and call it foul play by the HO, if it fails to prove the aforementioned false intent declaration using exclusively evidence predating the application date.

Intent, as well as residency requirements count with a cut-off date, the date of the application being submitted, hence any statements and declarations can only be valid till that date. It is obvious that any impartial judicial review would validate this. This is why application forms have a date next to signature(s).

Vinny, not sure the thread you posted contradicts what I stated because the OP in that thread stated that his application was still in progress...

Backer wrote: ↑

Tue Feb 20, 2018 11:53 am

Vinny, not sure the thread you posted contradicts what I stated because the OP in that thread stated that his application was still in progress...

True, Backer. Refusal of application and deprivation of citizenship are totally different...