Revocation of British Citizenship – Circumstances & Consideration of ECHR rights 

British Citizenship is a legal status. If a person is a British citizen, they have the legal right to live in the country and to access services such as healthcare, education, and welfare. They can also vote.

A person can be a British citizen by birth or acquire British citizenship through registration or naturalisation. Citizenship cannot be lost unless a person chooses to renounce it or the Home Secretary has deprived a person of their British citizenship. 

What is ‘deprivation of British citizenship’?

Removing or revoking someone’s British citizenship, also known as deprivation of citizenship, is a vital tool to safeguard the UK’s national security. It is used against those who acquired citizenship by fraud or where deprivation is conducive to the public good, against the most dangerous people, such as extremists, terrorists, and serious organised criminals.

How can someone’s citizenship status be revoked or deprived?

The government has the power to revoke someone's British citizenship in certain circumstances:

• If the revocation is "for the public good" and would not make that person stateless

• The person acquired British citizenship through fraud

• Their actions could harm UK interests, and they could claim citizenship of another country or territory

The person who is deprived of British citizenship must be eligible to apply for citizenship in another country, as under international law, the UK has a responsibility to avoid leaving people stateless.

Under the BNA (British Nationality Act) 1981 - Section 40(2), the Secretary of State (UK) may deprive any British citizen, British Overseas Territories citizen, British National (Overseas), British Overseas citizen, British Protected Person, or British Subject of their citizenship if they are satisfied that:

• Depriving a person would be conducive to the public good, and that person would not become stateless as a result of the deprivation (BNA Act 1981- Section 40(2)) 

• The individual acquired British citizenship through registration or naturalisation that was obtained by using means of fraud, false representation, or the concealment of a material fact (BNA Act 1981- Section 40(3)) 

• The individual acquired British citizenship through registration or naturalisation that was obtained by using means of fraud, false representation, or the concealment of a material fact prior to 1 January 1983 (BNA Act 1981- Section 40(6))

Deprivation of British Citizenship on the grounds that it is conducive to the public good

Under the BNA (British Nationality Act) 1981 - Section 40(2), the Secretary of State (UK) may by order deprive a person of their British citizenship status, (or citizenship status as a British Overseas Territories Citizen, British National (Overseas), British Overseas Citizen, British Protected Person or British Subject) if they are satisfied that depriving a person of their British citizenship status is conducive to the public good.

“Conducive to the public good” means that depriving an individual of British citizenship is in the public interest because that person’s conduct and/or the threat they pose to the United Kingdom. 

Examples of when a person can be deprived of their British citizenship status on the conducive to the public good ground include, but are not limited to: 

• The national security interests, for reasons that relate to terrorism, hostile state activity, or any other reason 

• Where the individual has been involved in serious organised crime 

• Where the individual has been involved in crimes against humanity, war crimes, or other unacceptable behaviour

Statelessness 

Under the BNA 1981 - Section 40(4), a decision to deprive a person of British citizenship, on the basis of a conducive to the public good ground, cannot be made if the Secretary of State (UK) is satisfied that the order would make that person stateless. However, the BNA 1981 - Section 40(4A) that was introduced by the Immigration Act 2014, provides for the deprivation of an individual’s British citizenship on conducive grounds, even though it would render a person stateless,  if the person has conducted themself in a manner that is seriously prejudicial to the UK’s vital interests and if there are reasonable grounds to believe that the person can become a national of another country or territory.

Deprivation of someone's British citizenship on the grounds of the use of fraud, false representation, or concealment of a material fact 

BNA 1981- Section 40(3) provides for a person who has registered or naturalised as a British citizen, British Overseas Territories Citizen, British National (Overseas), British Overseas Citizen, British Protected Person or British Subject to be deprived of their citizenship if the Home Secretary (UK) is satisfied that the individual obtained the citizenship by the use of fraud, false representation, or concealment of a material fact.

Please note that statelessness is not a bar to depriving a person of their citizenship under the BNA (British Nationality Act) 1981 - Section 40(3). However, it may be a factor to consider.

Statelessness 

A decision to deprive a person of their British citizenship on the grounds of fraud may result in that person becoming stateless. The BNA 1981 and the UN Convention on the Reduction of Statelessness 1961 permit deprivation on the grounds of fraud, even where the person will be rendered stateless. However, if the Home Secretary (UK)’s decision to deprive a person will mean that the person is stateless, they must consider the impact of their decision on that person.

Particularly, where the decision to deprive someone may interfere with their qualified ECHR (European Convention on Human Rights) right, the decision must be proportionate to the public interest, having regard to the impact on the person and their family.

Factors that would not usually be appropriate for a decision to deprive 

In general, it will not usually be appropriate to decide to deprive in the following circumstances: 

• Where fraud comes after the grant of citizenship 

• If the person was a minor on the date of acquiring citizenship 

However, where fraud postdates the grant of citizenship but occurred before the date on which a person has attended a citizenship ceremony and taken the oath of allegiance, the decision makers must consider whether their decision to deprive is appropriate. 

Length of time spent in the UK alone will not generally be a reason for not depriving a person of citizenship, but should be taken into account when considering whether the decision of depriving a person of citizenship is reasonable and, in respect of any ECHR considerations, proportionate. 

The decision to deprive must include consideration of the best interests of a child

All decisions to deprive a person of British citizenship must include consideration of the duty (stated in the Borders, Citizenship and Immigration Act 2009 - Section 55) to have regard to the requirement of safeguarding and promoting the welfare of children in the UK. This means that considering the best interest of a child is a primary, but not the only, consideration in nationality decisions affecting them.

Consideration of ECHR rights 

Decision makers must consider whether the decision to deprive a person of citizenship interferes with their human rights under the ECHR (European Convention on Human Rights) and whether such interference is proportionate. This means that the decision to deprive must be necessary to fulfil the intended objective, having full regard to the impact on the person being deprived and their rights, balanced against the public interest in deprivation.

In this regard, in the case of Dinjan Hysaj [2020] UKUT 00128, the Upper Tribunal found that: 

“There is a heavy weight to be placed upon the public interest in maintaining the integrity of the system by which foreign nationals are naturalised and permitted to enjoy the benefits of British citizenship. That deprivation will cause disruption in day-to-day life is a consequence of the appellant’s own actions and without more, such as the loss of rights previously enjoyed, cannot possibly tip the proportionality balance in favour of his retaining the benefits of citizenship that he fraudulently secured.” 

Deprivation of Citizenship Orders (Effect during Appeal) Bill 2024- 25

This Bill seeks to close the legal loophole that the UK's Supreme Court identified in the recent case of N3 and ZA v Secretary of State (UK) for the Home Department [2025] UKSC 6. Currently, individuals are allowed to automatically regain their British citizenship if they win their initial deprivation appeal in the tribunals and courts, regardless of whether further appeals have been determined. 

This bill will prevent anyone who has been deprived of British citizenship from regaining that status automatically when their appeal against a deprivation decision is successful, until all further appeals have been determined.

The bill does not change any existing right of appeal or widen the reasons for which an individual could be deprived of their British citizenship.