The 14 year rule

[elliothammer]

Dear all

I was wondering if anyone knows how strict is the HO in applying the 14 year rule for Albanian nationals who obtained British Citizenship by fraudulently claiming that they were Kosovans during the Kosovo war?!

I know the HO started deprivation proceedings against the ones who had less than ten years but never heard of any proceedings against the ones who've been in the UK for over 14 years!

I had access to the caseworkers' checklist dealing with these cases and for this category the form suggested that deprivation proceedings would not commence. My guess is unless there's been involvement in terrorist activity and prison sentences, however I would really appreciate your input. Thanks in advance.

[wunder]

But Kosovo war was less than 14 years ago

[elliothammer]

Yes but these guys alleged discrimination on grounds of raceand all sorts of things well before the war started so the time period is not an issue, the important thing is that they claimed they were Albanians from Kosovo rather than from Albania!

[vinny]

See also KB (para: 320(7A): "false representations") Albania [2009] UKAIT 00043 (02 October 2009).

[geriatrix]

But what is this 14 year rule? An unwritten rule or something documented?


regards

[elliothammer]

Thnx Vinnie but in this tcase the defendant did not have 14 years in the UK facts are slightly different . [KB (para: 320(7A): "false representations") Albania [2009] UKAIT 00043 (02 October 2009)].

It seems to me that the HO only react if these guys appeal against a HO's decision of any kind, in the above case against the refusal of his wife's application If they don't ,deprivation proceedings are very unlikely!!! Am I wrong?!

[Greenie]

why don't you explain the scenario that you are actually asking about rather than asking a question about a broad group of people who will all have different circumstances?

[vinny]

55.5 Timing

55.5.1 There is no specific time limit within which deprivation procedures must be initiated. A person to whom s.40 of the 1981 Act applies remains indefinitely liable to deprivation on the terms outlined above.

55.7.2.5

• If a person has been resident in the United Kingdom for more than 14 years we will not normally deprive of citizenship

is subject to

55.7.2.6 Deprivation on fraud grounds regardless of length of residence

Although the Secretary of State will not normally deprive someone of their British citizenship where they have more than 14 years residence in the United Kingdom (long residence), circumstances in which the Secretary of State may still proceed to deprive of British citizenship include, but are not limited to, where:

[elliothammer]

thnx Vinnie

[Tonyb2]

Been here over 15 years, HO just deprived my british citizenship

[Casa]

I assume you mean 'refused' your application for British Citizenship...not removed it as your post suggests.

[Tonyb2]

Mate I was british citizen since 2004. February 2013 after 6 years batle with home office. Finally they cancelled my paasport and certificate.

Good luck

[Ayyubi72]

Its only fair that people who get to stay in this country by telling big lies and gain citizenship, should be deprived of it when their lies are discovered.

Honest genuine people get refused for minor technical problems with their applications, so why should there be a lenient attitude towards people who have been wholesale liers from day one.

[askmeplz82]

Mate I was british citizen since 2004. February 2013 after 6 years batle with home office. Finally they cancelled my paasport and certificate.

Good luck

Reason? are you from Albania too?

[Tonyb2]

Reason is that I'm albanian not Kosovo.
Always worked, never commit crime,
Never been on state benefit.
Then HO it's after me and not someone that has commit crime, or never paid taxes.

Mate I was british citizen since 2004. February 2013 after 6 years batle with home office. Finally they cancelled my paasport and certificate.

Good luck

Reason? are you from Albania too?

[Wanderer]

Reason is that I'm albanian not Kosovo.
Always worked, never commit crime,
Never been on state benefit.
Then HO it's after me and not someone that has commit crime, or never paid taxes.

Apart from fraud and deception.

[Ginza]

Tonyb2,

just wondering what's your status now? How did things work out?

Also how did HO manage to figure out that you stated false information? Random check?

[Tonyb2]

Status now?
no passport
Also driving licence has been revoked.

I acted as sponsor for my parents to come here on holiday
Family birth certificate was required by British Embassy.

At the moment im waiting from Home Office to come with decision.

Ive been here 17 years, im married to British wife and I have 2 children.
I myself used to work In public transport sector, wife in education. Both kids doing well at school.

Not sure whats going to happen.

Good luck to all who are in same position as me.

[Ginza]

I see.. So you showed HO your birth certificate with your true place of birth that was different from what HO have on you? Why did you do that? Just didn't think they will cross check?

Best of luck to you!! Don't despair!