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There is also specific provision in the law for BC to be revoked if it later becomes clear that BC was obtained by fraud or by supplying false information.Lemess wrote:The only way you can lose BC is by renouncing it or in the exceptional case where the home secretary chooses to do so in the public interest which is extremely unlikely.
Needless to say, answering "yes" to that will see the application declined. And if answered "no" and that later turns out to be wrong then BC can be revoked.4.10 Have you ever been involved in financing, planning, preparation, commission or attempted commission of terrorist acts or in supporting acts of terrorism either within or outside the UK or have you been a member or supporter of an organisation which has perpetrated or supported acts of terrorism in furtherance or its aims?
Lemess, as you rightly say, that is about intention at the time of application. But in an extreme case if someone becomes naturalised, gets their British Passport soon thereafter, and then flies off to live elsewhere, that must at least place doubt on the accuracy of the answer given.3.3 If you are not married to a British citizen tell us in which country you intend to have your principal home if you are naturalised.
Well if you do that too blatantly and soon after getting naturalised then I think there is at least a theoretical danger of BC being removed. That assumes of course that you were not married to a British Citizen when you made your application.rahul_yanina wrote:Additionally if I then go and settle in India is there a risk of losing BC?
John , as you say - it may be theoretically possible but probably uneforceable and it just wouldn't make sense for anyone to pursue individual cases like this. Even if you go off and live somewhere shortly after naturalising, you may have every intention of returning to make the UK your main home - it is simply impossible to prove otherwise. I think realistically unless you have supplied blatantly false information on your naturalisation form there is very little danger of your British citzenship being stripped.John wrote:[Well if you do that too blatantly and soon after getting naturalised then I think there is at least a theoretical danger of BC being removed. That assumes of course that you were not married to a British Citizen when you made your application.
But if you have simply had a change of mind after becoming naturalised then there is no danger of you having BC withdrawn on grounds relating to your Q3.3 answer.
Well the moot question is how can one decide whether the applicant 'simply changed mide' or provided false information' unless the applicant is made to take a lie detector test etc.?John wrote:Lemess, as you rightly say, that is about intention at the time of application. But in an extreme case if someone becomes naturalised, gets their British Passport soon thereafter, and then flies off to live elsewhere, that must at least place doubt on the accuracy of the answer given.3.3 If you are not married to a British citizen tell us in which country you intend to have your principal home if you are naturalised.
Well if you do that too blatantly and soon after getting naturalised then I think there is at least a theoretical danger of BC being removed. That assumes of course that you were not married to a British Citizen when you made your application.rahul_yanina wrote:Additionally if I then go and settle in India is there a risk of losing BC?
But if you have simply had a change of mind after becoming naturalised then there is no danger of you having BC withdrawn on grounds relating to your Q3.3 answer.
That's why I think these things are unenforceable as they call for subjective judgements and it is impossible to interpret these consistently in the absence of any rules of thumb. Also, I think the key overriding feature in case of ex- Indian nationals is that even if it was obvious they had no intention of staying in the UK and it could be proven they had lied on the naturalisation application, it would not be possible to strip them of BC as doing so would leave them stateless which is not allowed under the british nationality act. This is the reason that Abu Hamza is still a British Citizen - he is no longer Egyptian and would be stateless if his BC were to be revoked ! This explains how Blunkett's attempt to withdraw it from him failed in the courts. The bottom line is that unless you hold 'proper' dual nationality with your British citizenship ( and OIC is not that) , naturalisation as a British citizen is an essentially irreversible process.basis wrote:Well the moot question is how can one decide whether the applicant 'simply changed mide' or provided false information' unless the applicant is made to take a lie detector test etc.?
And how can one define 'too blatantly' OR 'soon after' ?
It's odd that a future intentions requirement doesn't apply to naturalisation applicants who are spouses of British citizens. Not does it apply to "section 4" registration applicants.lemess wrote: John , as you say - it may be theoretically possible but probably uneforceable and it just wouldn't make sense for anyone to pursue individual cases like this. Even if you go off and live somewhere shortly after naturalising, you may have every intention of returning to make the UK your main home - it is simply impossible to prove otherwise. I think realistically unless you have supplied blatantly false information on your naturalisation form there is very little danger of your British citzenship being stripped.
At least under current policy, the Home Office do view OIC as a 'nationality' but a conclusive view could only be given by the courts.lemess wrote: The bottom line is that unless you hold 'proper' dual nationality with your British citizenship ( and OIC is not that) , naturalisation as a British citizen is an essentially irreversible process.
The key test of whether OIC is a nationality is whether stripping someone who has it of their british citizenship would render them stateless. As the OIC is a visa sticker in the British passport, no BC = no british passport = no OIC.JAJ wrote:At least under current policy, the Home Office do view OIC as a 'nationality' but a conclusive view could only be given by the courts.lemess wrote: The bottom line is that unless you hold 'proper' dual nationality with your British citizenship ( and OIC is not that) , naturalisation as a British citizen is an essentially irreversible process.
As I say the *existing* view of the Home Office is that OIC is a second-tier category of Indian nationality, in the same sense as British subject status or US nationality without citizenship (people from American Samoa have this).lemess wrote: The key test of whether OIC is a nationality is whether stripping someone who has it of their british citizenship would render them stateless. As the OIC is a visa sticker in the British passport, no BC = no british passport = no OIC.
Statelessness is not a permissible after effect of revocation of british citizenship and OICs are not Indian citizens or entitled to an Indian passport. Therefore it is fairly certain that an OIC's BC is safe.
Not really - I think the point is that married couples' intentions as regards where they're going to live should be joint intentions. To require the spouse of a British citizen to intend to continue to live in UK could conflict with the intentions of the BC spouse. IMO, the only way you could introduce a "future intentions" requirement for 6(2) applicants would be to have the BC spouse co-sign the application, which (in cases where the applicant is the wife) would be harking back to the bad old days of "wifely duties". IMO anyway, as I saidJAJ wrote:It's odd that a future intentions requirement doesn't apply to naturalisation applicants who are spouses of British citizens.....
But - as I said when you last said that - only when it was "not conducive to the public good" for that individual to continue to be a CUKCJAJ wrote: In the British Nationality Act 1948 there was a clause which allowed naturalised UK citizens to be stripped of citizenship if they lived overseas for 7 years and didn't register an intention to retain UK citizenship....
I think one of the points is that while PIO is simply a status, OIC purports to be a citizenship (albeit a citizenship that doesn't give the holder a passport!) So, effectively, you'd be an Indian national in India and thus not eligible for the full range of British consular assistance.coolMe wrote:Hi Everyone,
I recently got my British Citizenship and I am planning to apply for OIC. But in this forum, I have been reading lot of comments of loosing british consular protection under OIC
I would like to know the Implication of British Consular Protection. I have been reading in this forum about various British Nationality Acts etc. regarding this.
How it will affect anyone if he has plans of settling in India using OIC for few years ??
Why people say that PIO is better in that sense compared to OIC.
Would really appreaciate if somebody can answer to my questions.
If you are a dual national in the country of your other nationality
If you are a British national and you are in the country of your other nationality, the authorities of your other nationality are entitled to take the view that the British Government has no standing in the matter. The British Consul will not provide consular assistance to you regardless of which passport you have used to enter the country of your other nationality. We have the discretion to make an exception to this rule if, having looked at the circumstances of the case, we consider that there is a special humanitarian reason to do so. Such circumstances might include, for example, cases concerning minors, forced marriages or capital offences. However, the assistance we can provide will depend on the circumstances and will require the acquiescence of the other state. If under the law of that country you are liable for any obligation such as military service, the fact that you are also a British national does not necessarily provide exemption and we will not intervene on your behalf on such matters. However, there is assistance that the British Consul can still provide to you in your country of other nationality.
The British Consul can...
# In a crisis, try to evacuate dual nationals (including those who have renounced British citizenship but who are applying for resumption), subject to the resources available;
# Issue passports or emergency passports;
# Accept registration with the consular section (subject to local procedures). However, registration does not mean that the Post will provide consular assistance;
# Provide general advice on how to transfer funds by commercial means;
# Provide details of local lawyers, interpreters and doctors;
# Provide details of organisations experienced in tracing missing persons;
# Undertake notarial work.
Consider it done....rahul_yanina wrote:I did, but that is the case when the second citizenship is not in the country the person is in and where he/she has lost the passport - that is how I read it anyway.
Please correct me if I am wrong.
