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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7505
Experience:  BA (Hons), PgDip, Practising Solicitor
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My ex-wife made false claim for political asylum in UK which

Resolved Question:

My ex-wife made false claim for political asylum in UK which had been successful 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: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.

:-) what was false about her claim please?

Customer: replied 3 years ago.
Hi Tom, thank you for your response. 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.
she was granted asylum in 2002 and been going back to her country to visit her family since 2005
Expert:  Thomas replied 3 years ago.

I'm on my way to work now I'm afraid.

I will be able to answer at 9.

When did she obtain naturalisation?

Did you support her applications?

Customer: replied 3 years ago.
she obtained naturalisation in 2003 and i supported her at the time.
will i need any evidence to prove her claim was false?
Expert:  Thomas replied 3 years ago.

I will answer at 9..

Customer: replied 3 years ago.
ok, thanks
Expert:  Thomas replied 3 years ago.
Expert:  Thomas replied 3 years ago.

Thanks for your patience.

Given the substantial lapse of time from when she obtained naturalisation and now it would be very difficult to compel a revocation of her citizenship.

For the UKBA to even consider it would you have to produce incontrovertible proof of the basis of her asylum claim being false. Presumably this is extremely difficult to do now that time has passed and she would be at liberty to defend.

As to the times that she has travelled to her home country she may be able to explain why she felt able to do this, either because of the long lapse or time or because the political situation in her home country may have changed.

If you have only circumstantial evidence and your own statements then I would not expect the UKBA to do anything.

Addtionally if it is the case that you assisted her in her asylum application and backed up what she had said then there is a potential that the UKBA could view you as being complicit in what was effectively a deception, which is an offence under the immigration rules. It could end up affecting you to.

Even if they did get suspcicious the fact that she has children here who I presume are eligible for UK citizenship would provide her with a further avenue to regularise her stay here. So they would not view revocation as practical because she could secure her status by her children.

I am very sorry.

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Kind regards,

Customer: replied 3 years ago.
thank you for your answer. I am english and children are british by birth. However if i can get her right to reside here revoked I will be happy and able to look after them myself.

I don't have any documentary evidence about false asylum claim only my statements. If I've understood it right I don't have a chance to get her send back to her country at all?
Expert:  Thomas replied 3 years ago.

If you do not have any evidence supporting your claim apart from your own belief then there is no real possibility that you will be able to get her citizenship recoked.

Even if you could (which it doesn't appear as if you can) and took care of the children, she would be able to apply for a contact order at court and then apply on that basis.

I am sorry, perhaps it might be best reconcile yourself with this.

PLease remember to rate my answer.

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