Under Section 40A(1) of the British Nationality Act 1981, you can appeal against a decision of the Home Office to deprive you of your British nationality. Decision on deprivation of citizenship under section 40 of the British Nationality Act 1981 is made on grounds of fraud, false representation or concealment of material fact or on grounds of conduciveness to the public good. Section 40 of the British Nationality Act 1981 gives the Secretary of State powers to deprive a person of his British citizenship and Section 40A(1) of the British Nationality Act 1981 gives statutory right of appeal to the First Tier Tribunal against such decision of the Secretary of State to deprive a person of his British citizenship.

Deprivation Of British Nationality

Under Section 40 of the 1981 Act, any British citizen, British overseas territories citizen (BOTC), British Overseas citizen (BOC), British National (Overseas), British protected person or British subject may, by Order, be deprived of his or her citizenship or status if the Home Secretary is satisfied that:

  • it would be conducive to the public good to deprive the person of his or her British nationality, and that s/he would not become stateless as a result of the deprivation (ss.40(2) and (4)); or
  • where the person acquired the citizenship or status as a result of his registration or naturalisation on or after 1 January 1983, the registration or naturalisation was obtained by means of:
    • fraud; or
    • false representation; or
    • the concealment of any material fact (s.40(3)); or
  • where the person acquired the citizenship or status on account of his registration or naturalisation before 1983, the registration or naturalisation was obtained by means of:
    • fraud; or
    • false representation; or
    • the concealment of any material fact (s.40(6))

Appeal Against Decision To Deprive British Citizenship

Under Section 40A(1) of the British Nationality Act 1981, you can appeal against a decision of the Home Office to deprive you of your British nationality. In BA (deprivation of british citizenship: appeals) [2018] UKUT 00085 (IAC), the Upper Tribunal held, amongst other things, as follows:

"6 The Appeal is to be determined by reference to the evidence adduced to the Tribunal, whether or not the same evidence was before the Secretary Of State when she made her decision to deprive"

How Can We Help?

Our expert team of immigration solicitors can represent you in your immigration appeal to First Tier Tribunal (FTT) against Home Office UKVI decision to deprive of your British Citizenship and carry out all the work on your immigration appeal until a decision is made by the Immigration Judge of the First Tier Tribunal (FTT) on your immigration appeal. The immigration casework to be carried out by our appeal lawyers on your immigration appeal will entail the following:

  • We will discuss the reasons for refusal with you and advise you on potential grounds for appeal against deprivation of your British citizenship;
  • We will advise you on the chances of success in your immigration appeal against deprivation of your British citizenship;
  • We will advise you on the timeframe, the costs involved and the court procedures;
  • We will draft the grounds of appeal to challenge the refusal in the court arguing how the deprivation of your British citizenship is unlawful;
  • We will advise you on documentary evidence to be submitted in support of your appeal against the deprivation of your British citizenship;
  • We will complete the relevant appeal form to submit the notice of appeal, the grounds of appeal and the supporting documents to the First Tier Tribunal (FTT);
  • We will liaise with the first tier tribunal after the filing of the appeal and fully comply with all court directions;
  • We will assess the Home Office Bundle (also known as Respondent's bundle);
  • We will comply the court directions in a timely manner;
  • We will prepare a brief to Barrister and instruct the Barrister so that the Barrister can represent you in your appeal against the deprivation of your British citizenship;
  • We will prepare detailed witness statements of all the relevant witnesses who will appear in court to give evidence before the Immigration Judge of the First Tier Tribunal (FTT);
  • We will prepare the indexed and paginated appeal bundles of all the supporting documents and file the same with the court and the Home Office Presenting Officers Unit (HOPOU);
  • Where necessary, we will arrange a pre-hearing conference with the Barrister who will discuss your immigration appeal case with you and advise you about the court procedures in relation to your immigration appeal;
  • We will do all the follow up work until written determination (decision) of your immigration appeal is recieved from the court.

How Much We Charge

Unless your appeal is very complicated, our fees for immigration appeal against the deprivation of your British citizenship are as given in the fee table below: 

Casework Stage Our Fee

Full service for your immigration appeal against the deprivation of your British citizenship to cover all our work until a written decision is recieved from the immigration Judge of the First Tier Tribunal (FTT)

From £2,500 + VAT To £3,500 + VAT

The agreed fixed fee will depend on the complexity of your immigration appeal and the volume of casework involved in the appeal. In addition to our fixed fee for your immigration appeal, you will also have to pay the court fee for the immigration appeal and the Barrister's fee for representing you in appeal hearing before the First Tier Tribunal judge.

Our Team Of Leading Immigration Lawyers

As specialist immigration lawyers, we pride in having one of the best team of specialist immigration solicitors and lawyers with wealth of knowledge and experience to deal with all types of UK visa and immigration matters. Our top rated immigration lawyers have successfully helped thousands of clients with all types of UK visa and immigration applications, immigration appeals, Administrative Review, Pre-Action Protocol (PAP) and Judicial Review (JR).

Following are the leading immigration lawyers and solicitors in our team of immigration lawyers:

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