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Senior Partner
Senior Partner, Solicitor
Category: UK Law
Satisfied Customers: 13246
Experience:  30 years experience in business law and related topics such as employment law
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Hi Im really desperate fr advice my husband has left me n

Customer Question

Hi I'm really desperate fr advice my husband has left me n my three yrs old daughter mm just a month after he got his British passport nd I not once saw it. Then he tried to migrate to Canada.. a day after he left home but was unsuccessfull in going. Can the home office take away his British passport.
Submitted: 1 year ago.
Category: UK Law
Expert:  Senior Partner replied 1 year ago.
Thank you for your question. Can you explain why his passport should be taken away? Was it obtained fraudulently? do I assume that he was not originally a British Citizen ?
Customer: replied 1 year ago.

No I settled him here he's originally from pakistan, once he's received it a month later he's left me n my daughter this was in may 4 2013

Expert:  Senior Partner replied 1 year ago.
Ok but to obtain British Citizenship he would have had to obtain settlement and then live here for a year before applying to be naturalised. It is very sad that your marriage has broken down but that does not mean his citizenship should be revoked unless there is evidence that he obtained it fraudulently.
Customer: replied 1 year ago.

Thank you.. but because I have reported it to mp n home office I have given them evidence that he has obtained it fraudently. Because he only married me for British passport.

Expert:  Senior Partner replied 1 year ago.
yes I understand that but to be blunt that allegation is allegation is common. What evidence do you have ? Just because he left you immediately after getting British citizenship creates a string suspicion but it is not evidence at law. What did he do that shows he was being dishonest?

hat is your objective here? Having his citizenship revoked will not benefit you or your child . Much better would be to get proper financial support.
Customer: replied 1 year ago.

I have evidence that he was in the marriage for false protense, bec he was cheating on me but I had given him chances.. only when he said of I don't help him apply hid indefinite leave to remain he will leave me. I did put all this in writing and sent it to the home office the reply they gave me is that, they will investigate.

Expert:  Senior Partner replied 1 year ago.
Ok so if the UKBA are investigating this what else do you want to know? there is power to revoke citizenship if they find he obtained it by deception but. What else do you want to know about this?
Customer: replied 1 year ago.

Because he's obtained it by deception would they revoke it, and also a month before he left home I never saw his passport.

Expert:  Senior Partner replied 1 year ago.
There is power under the Nationality Act 1981 to revoke citizenship if it is obtained by deception so they might well do so if there is clear evidence. You mention you never saw his passport. Is there a reason you would expect to ? What else can I tell you ?
Customer: replied 1 year ago.

I meant to say his naturalization date and that he never mentioned he got the passport.. I never knew about anything he never told me even though I'm his wife.

Expert:  Senior Partner replied 1 year ago.
OK when did he get ILR because you cannot apply for naturalisation until 12 months after that. And of course it takes some time
Customer: replied 1 year ago.

He got his ILR In April 2012

Expert:  Senior Partner replied 1 year ago.
Ok then how do you know he has got citizenship as he could not apply before april this year and it usually takes a while to process. He then has to apply for a passport.

Anyway I am not sure what else I can advise you on. Let me know but I notice you have given me a bad rating for my answers which means I get no credit for my time.

Let me know what else you want to know


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