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Hi
I am living in uk from 2006 having Belg nationality.my family is here from 2008. I got ILR as well.children got British passport. Unfortunately couple of week ago when I been to Belg embassy to get id renew they seize my passport and docs. Than after a week they informed me my citizenship is cancelled due to my ex wife created mess in 2009 and in 2011 they cancelled nationality in my absence.solicitor there can't help as I am here and is very long time.but I never had any problems as I travelled there many time during all period and even they never try to find and contact me.
I got no country nationality now so I don't know what to do.
Am I eligible for British nationality or should I apply asylum.what to do with parents and wife as they got dependent visa wife got ILR.
Thanks

How did you obtain Belgium citizenship and what are your circumstances regarding the ex?

I was married with Belg girl around three years .than she had got affair again with ex boyfriend.we had conflicts therefore I got divorced and moved to uk.

I got citizenship in 2005 there she had some problem in 2009 and she has given false statements there that I don't use to live with her. May be she had problems with ex boyfriend .In 2011 they cancel my nationality.but I was never aware of it as I mentioned I am in uk from 2006 and I traveled there in 2009 and 2010 with my current wife. Never had any problems anywhere even after 2011.i just got confirmation letter that my citizenship is cancelled bcs my ex wife told them around 2009.i even don't know what happen exactly and. Can't do anything bcs I can't go there.my kids were born inbetween.i never had to problem here as well.

It seems Belgian citizenship is easier to lose than UK citizenship.

http://diplomatie.belgium.be/en/service ... ning/loss/

You will lose your Belgian nationality if you have seriously failed in your obligations as a Belgian citizen OR if you acquired Belgian nationality on the basis of facts presented in a corrupt or concealed fashion or based on false declarations or false or falsified documents.

The court may also deem a declaration to have been cancelled in the event of a prison sentence for at least five years, without suspension, for a crime set out in the Code of Belgian Nationality or if a marriage is deemed to have been a ‘marriage of convenience’.

Do you have official paperwork from the Belgian Embassy stating that you have been deprived of your Belgian citizenship and does it state the reason?

As regards statelessness, it is rarer than you think. Citizenships are typically granted in many different ways by the national laws of individual countries and sometimes you get it in unexpected ways. So, to understand what your citizenship status is, can you help with the following questions?

Before you acquired Belgian citizenship, what was your citizenship? Have you ever intentionally renounce your other citizenship(s)? Where and when were you born? What was the citizenships of your parents and where and when were both of them born?

I would presume that your PR status would cease with the ceasing of your underlying EU citizenship, but I could be wrong.

You can apply to get ILR, but I don't think you can acquire British citizenship automatically if you are stateless.

Hi
I am from Pune, India.had Indian nationality (already surrendered)before eu one.wife still got Indian passport with ILR.kids got uk passprt.as they're born here two years back.parents got dependant eea visa.i got ILR card as well.

It's complicated that's why I want to know what to do first.is it asylum or any other type of permit and what to do with family members.

You will almost certainly need expert legal advice.

Have you got a copy of the Belgian court decision depriving you of citizenship? There may be grounds for appealing to either the ECHR or the ECJ/CJEU on the grounds that the court should have heard your side before imposing such a strong sentence, which has fundamental implications for your family and you.

In the UK, did you have ILR or PR? Although they have the same effect, they are different, with different rules and laws.

If you were granted ILR when you were an Indian citizen, it would automatically have lapsed when you became a Belgian citizen as EEA citizens do not require leave to remain.

I presume that if you have earned PR based on being an EEA citizen, that such PR would lapse with your Belgian citizenship.

So, essentially, at the moment, your status is that of an illegal overstayer in the UK. That may have implications when you apply for UK citizenship as there is typically a ten year ban for that, though given your circumstances, that may be set aside.

Your parents' EEA dependant visas (Residence Cards) likely may also have lapsed when you lost your Belgian citizenship.

If your wife has got ILR status (not PR status) independently of you, she can continue to stay in the UK. I would suggest that she apply for naturalisation as soon as she is eligible.

Your children, having UK citizenship, have the right of abode in the UK.

You may wish to contact the Indian High Commission to see if you can be registered as an Indian citizen under Section 5(1)b of the (Indian) Citizenship Act 1955 - "a person of Indian origin who is ordinarily resident in any country or place outside undivided India"

My advice is conjecture based on legal principles that I am aware of. I am not a lawyer and would strongly suggest that you consult a good one, especially one who is aware of international law, human rights law and citizenship laws across the UK, India and Belgium.

I would also wait for people who are more knowledgeable in the law, such as vinny and Obie to comment on this case.

Hi thanks a ton.i and my wife got pr just checked the documents says certifying permanent residence on both.she got on her passprt and I got separate on Ho card in 2014.i got letter From embassy notifying me that my nationality cancelled as I didn't know. and a decesion letter from department backdated 2011. It's says my wife told them we don't use to live together she was interrogated in 2009 and they took decesion in 2011 in my absence.it doesn't explain what happen exactly.i think she had again problem with ex boyfriend. Could be the only reason I think.all this time I been there never been informed and already five years passed Unknowingly.
I got Indian pio card as well.
Is the pr card worth nothing to apply any sort of documents or on behalf of children.
Or what will be my status.can my wife apply naturalisation on pr than I should apply.

I will appreciate if anybody recommend any good solicitor for advice.i know Obie helped me out with my parents case couple of years ago.

Hi can anyone give me more advice.is it possible to register as a stateless person as there is also a form available for that.has anybody got experience with stateless case.

Sanjay1234 wrote:I will appreciate if anybody recommend any good solicitor for advice.i know Obie helped me out with my parents case couple of years ago.

You may be the Belgian case with indian parents .
I could track it down , if you were that person.

The Belgian authorities acted unlawfully especially in circumstances where your have lost your indian citizenship and Eu law is engaged.


Having regards to Rottmann and the due process that should have been accorded to you, it seem like the Belgium authorities may well have acted unlawfully.

Hi can you send me pm as mine is locked I will give my full circumstances .

I got emb letter n final hearing doc.i know it's one way that's why I want to sort out here.tried with my friends over there said cant do anything.

Hi there,

I recently joined this forum please Obie can you contact me I need your help if that's okay
I will be ever so grateful

Regards
Sana

Please don't hijack other people's thread . It is wholly inappropriate.

If you wish to contact me, you either send a Private message to me or live your query on the forum..

If I am able to advise, then I may do so.

Hi Obie,
Thanks for the message.
I have left the query on the forum.

Regards
Sana