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Senior Partner
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13329
Experience:  Solicitor with more than 30 years experience
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My ex-wife made false claim for political asylum in UK which

Customer Question

My ex-wife made false claim for political asylum in UK which had been successful and she been granted leave to remain and then obtained her naturalisation and british passport. We are divorced now as after few arguments she accused me of domestic violence which resulted in the restraining order made against me. She has been living and working full time (legally) in UK for the last 14 years, our two children live with her and she has mortgage on the property she owns, so she is very well settled and established here. Is it possible to get her british nationality revoked as she obtained it by making false political asylum claim?! She travelled to her home country many times after she obtained british passport?

Submitted: 5 years ago.
Category: Law
Expert:  Senior Partner replied 5 years ago.
You say your wife claimed "political " asylum. Really there is no such thing - she must have claimed asylum on grounds that she was at risk whether because of her politics or otherwise. The UKBA would have assessed her claim based upon a number of factors including whether her country of origin was one where persecution is likely and where human rights are disregarded. If she presented false evidence in support of her claim then it is possible that her citizenship could be revoked but it is highly unlikely. After 14 years here she would be eligible to apply for settlement anyway and there are no circumstances in which she could be forced to leave as she has an established family life here and the current human rights act would prevent her being required to leave. If the misleading evidence is potentially serious enough to constitute perjury and you have know about it for some time and chosen to do nothing until you were divorced , you might find yourself in trouble as well. Is this something you have known about for some time?

My strong advice is to leave the matter alone. It certainly will not assist any relationship you have with your children if you are seen to be attacking their mother in this way and it is not going to result in her losing the right to stay in the uk .

Customer: replied 5 years ago.

She claimed that she was a member of youth anti-goverment political movement and that if she goes back to her country she will be prosecuted. But this was not true.

I don't have any documentary evidence to support it apart from my statements and also the fact that she was granted asylum in 2002 and been going back to her country to visit her family since 2005, so obviously she was not in any danger to go there.

If I understood it right I don't have any chance to get her naturalisation revoked?

Expert:  Senior Partner replied 5 years ago.
Highly unlikely. Given as I say there is no possibility of her being deported it would achieve nothing anyway. I am not sure why you would wish to pursue the issue.
you did not answer my question about how long you have know about these allegations but if you have known for some time and only now choose to raise it pst divorce and you have no evidence, it is likely to be ignored as being simply spiteful. The UKBA will have done some investigation at the time to verify that there was at least the potential of threat.
Customer: replied 5 years ago.

i known it all along that she made up story about its been dangerous for her to return to her country which was not true. I never said anything at the time. But i want to report it now for what she done to me (divorced me and i don't see children as much as i would like to, i feel used and don't want her to get away with this

Expert:  Senior Partner replied 5 years ago.
Well I think you will achieve nothing and may damage further your relationship with your children. You do not even know if she is telling the truth about her stories and in the absence of evidence nothing will happen.

You may feel bitter about your treatment but I do not think making such allegations will help you. IT is likely to make things worse.

Sorry not to give you the advice you would like but I would be doing you a disservice to recommend you follow that course.

If you still feel strongly about it there is a confidential UKBA line for reporting immigration offences which you can find on their website