Policy paper

Nationality and Borders Bill: Deprivation of citizenship factsheet

Updated 13 October 2023

What is ‘deprivation of citizenship’?

• Maintaining our national security and keeping the public safe are the government’s top priorities.

• Removing someone’s British citizenship, also known as deprivation of citizenship, is used against those who obtained citizenship by fraud and against the most dangerous people, such as terrorists, extremists and serious organised criminals. It always comes with a right of appeal.

• The power has been possible for over a century, since the 1914 British Nationality and Status of Aliens Act. It is currently in section 40 of the British Nationality Act 1981 and can be used for two reasons.

1. Deprivation of citizenship where it is conducive to the public good is reserved for those who pose a threat to the UK or whose conduct involves very high harm, for example in response to activities such as those involving:

• national security including espionage and acts of terrorism
• unacceptable behaviour such as the ‘glorification’ of terrorism
• war crimes
• serious organised crime

In such cases the power is used sparingly and complies with the UN Convention on the Reduction of Statelessness. The Home Secretary decides each case personally.

2. Deprivation of citizenship on the grounds of fraud is for those who obtained their citizenship fraudulently and so were never entitled to it in the first place.

• From 2010 to 2018 (the latest figures on record), on average 19 people a year were deprived of their citizenship where it was conducive to the public good.

• In the same period on average 17 people a year were deprived of citizenship on the ground of fraud

• An individual in the UK who has been deprived of their British citizenship no longer has any UK immigration status - they might be granted permission to stay or steps can be taken to remove them from the UK. If they are overseas, they cannot re-enter the UK using a British passport.

What does the Nationality and Borders Bill do in relation to deprivation of citizenship?

• The Bill allows for the Home Office to deprive someone of their citizenship without prior notification but only in exceptional circumstances.

• The Nationality and Borders Bill does not change any existing right of appeal or widen the reasons for which a person could be deprived of their citizenship.

• Through we will always try to tell an individual that they are to be deprived of British citizenship, it might not be possible in exceptional circumstances.

• For example, this may be because we do not know where they are, or because they are in a war zone where we can’t get in touch with them, or because informing them would reveal sensitive intelligence sources.

• It is vital, including to our national security, that we ensure that just because we cannot immediately tell a person they are to be deprived of British citizenship, it doesn’t make the decision any less valid or prevent the deprivation order being made.

Process and safeguards already in place

• Decisions are made following careful consideration of advice from officials and lawyers and in accordance with international law, including the UN Convention on the Reduction of Statelessness. Each case is assessed individually.

• An individual can seek to exercise their statutory right of appeal against the decision - even if not aware of their deprivation at the time. The clause in the Nationality and Borders Bill would not impact the individual’s right of appeal. We would explain their appeal rights when they make contact with us.