Tuckers successfully represents Albanian “Kosovans”

Tuckers Solicitors have successfully defended a number of Albanian Nationals who have previously claimed to be  “Kosovan”.  The UK Border Agency were seeking to deprive them of their British citizenship.  After litigation, the UK Border Agency has now confirmed that they will take no further action against them.  They will now be free to remain as citizens, which means they can proceed with their applications for their spouses to join them in the United Kingdom.

The UK Border Agency are aware, through applications for Entry Clearance, Naturalisation or British Passports, of persons who have produced details of their identity [name, nationality or date of birth] which are different to the details previously provided.  The most common nationality to do this is Albanian Nationals who posed as Kosovan Nationals during the conflict.

The Secretary of State for the Home Department has been using this information to consider depriving citizenship under section 40(3) of the British Nationality Act 1981 (as amended by the Nationality, Immigration & Asylum Act 2002). This would mean that subjects would be stripped of their citizenship and be requested to return their passports and Naturalisation certificates. The UK Border Agency would then investigate how they obtained their status and take the appropriate action.  This process can only be challenged by means of Judicial Review.