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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 777
Experience:  Solicitor with over 15 years experience.
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my brother is naturize british but recently he was arested

Customer Question

my brother is naturize british but recently he was arested by the police and found out that he has caution for sex offences and did not declare that during naturalize application form.will his citizenship be revoke? he i smarried with 4 children all british

Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
Customer:

Hello I am a soclicitor with 20 years experience. I will try to help you with this.

Customer:

Can you tell me when he became a British citizen? When he got his caution and what offence was it for please?

JACUSTOMER-rmofdlzy- :

he got british citizenship in 2004 and caution was 2001

JACUSTOMER-rmofdlzy- :

the caution is about sexual harassment

Customer:

OK I am on a train at the moment but will answer you this afternoon when I am somewhere more private.

Customer:

OK. I am on busy train at the moment but will answer yo alter today when I am somewhere a bit more private.

JACUSTOMER-rmofdlzy- :

i need answer when u are free urgently as i am desperate right with my rights

JACUSTOMER-rmofdlzy- :

I AM HERE

Customer:

s40 of British Nationalty Act 1981 deals with this and there is provision for the revocation of British nationality if it was obtained by deception or fraud. Has there been any suggestion from the police or the Home Office that this is going to happen?

Customer:

More recent legislation has given the government the power to revoke nationality if a persons presence is not conducive to the public good.

Customer:

A caution for a sex offence is unusual. Am I right in thinking that this was a minor offence.

JACUSTOMER-rmofdlzy- :

NO

JACUSTOMER-rmofdlzy- :

minor means children , no

Customer:

No, in this context minor means not very serious.

JACUSTOMER-rmofdlzy- :

no sexual harassment no charge just caution in 2001

JACUSTOMER-rmofdlzy- :

will my four children born here been given consideration

Customer:

if this is your brother why would your children be affected?

JACUSTOMER-rmofdlzy- :

i mean my brother

Customer:

Is his wife British and is the mother of his children?

JACUSTOMER-rmofdlzy- :

no african lady

JACUSTOMER-rmofdlzy- :

the wife is qualify nurse trained here and both children born here

JACUSTOMER-rmofdlzy- :

can you appeal the decision

JACUSTOMER-rmofdlzy- :

Are u there ?

Customer:

if they were born here to a parent who was a british citizen then they have British citizenship and I do not think this can be revoked. Your brother needs to see a specialist solicitor and will need to be totally frank with him/her.

Customer:

Has any decision been made yet? But yes you can appeal decisions.

JACUSTOMER-rmofdlzy- :

my brother was a british citizen when some of the children where born

JACUSTOMER-rmofdlzy- :

no decision is made yet, it is just a treat by the police to referr the case to immigration to recommend the revoke of the nationality

Customer:

He needs to see a specialist solicitor it is likely that Human Rights Act issues would be engaged here if ter was decision to strip him of his citizenship eg the right to respect for family life.

Customer:

He needs to get specialist advice face to face so that he is ready if anything happens. I asked earlier if there had been an indication from the police or the Home Office that anything was going to happen. Has there been?

JACUSTOMER-rmofdlzy- :

can you recommend any one .

JACUSTOMER-rmofdlzy- :

and is the possible to revoke his nationality what will happend to children who never visited there father country and cannot speak any language other than english

Customer:

We are talking about discretionary powers of the Home Office here and not automatic sanctions. So it is possible that nothing will happen.

Customer:

I cannot reccomend anyone in particular but if you follow this link it will help you find a specialist practitioner. http://www.ilpa.org.uk/pages/find-immigration-advice.html

Customer:

The other Q that is where the human rights issues come in.

JACUSTOMER-rmofdlzy- :

yes is it my children well fare matters here

Customer:

I don't understand that last question, could you rephrase it please?

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