Amendment of Naturalisation Certificate

vesivvisha · Post by **vesivvisha** » Mon Dec 31, 2012 2:17 pm

H everyone,

I am Albanian but falsely claimed to be Kosovan in 1997. I wrote to the UKBA explaining this and they decided not to start deprivation proceedings so I remained a British Citizen.
However, I wrote to UKBA asking for an endorsement of an amendment on my naturalisation certificate to reflect my true place of birth but they said the fact that the Sec of State did not start deprivation proceedings is completely irrelevant to the change of details and they may refuse the amendment to punish me for making a false claim.
I wrote to them formally and I am awaiting a formal reply however I wanted to know if anyone knows whether they have any legal grounds to refuse the amendment on this basis.
I stated in my letter that it would be a paradox to have false details on my certificate where the Sec of State is aware and fully satisfied of my true identity.
I would really appreciate your valuable input.

Regards,

Vesiv

asp · Post by **asp** » Mon Jan 07, 2013 8:39 pm

If you really want to then why not test UKBA's legal basis to decline to change the place of birth by lodging a judicial review, but I assume it is what you declared when you lied all those years ago? That will always be an embarassing fact to oversome in front of the judge who will consider whether the Secretary of State has exercised her discretion appropriately in your case. Don't you consider yourself fortunate not to have been deprived of the benefit of your deception?

You also want to consider carefully whether this is a battle you want to have.

Althoough UKBA would now find it very difficult to reverse its decision about deprivation there may well be nothing that prevents them prosecuting you for deception. The test of whether it is a proportionate response is differemt to that for deprivation, and concluding it's not appropriate to pursue deprivation doesn't preclude a prosecution on facts that you have already admitted....

vesivvisha · Post by **vesivvisha** » Tue Jan 08, 2013 10:40 am

Dear Asp

I appreciate your reply but I think you're completely off the mark here. The question is not whether they can or cannot prosecute me, this has been decided (there cannot be a criminal conviction anyway) and if I JR them the Judge will not be concerned with what happened 16 years ago but whether refusing an endorsement of change of name is a proportionate response.

I would consider myself lucky, however now I have come clean I would not want to continue lying to the Passport Service that I am from Kosovo where the Sec of State is aware of my real county of origin. You stated that the test is different, do you know why it is different or you are simply guessing?

Thank you for your post.

georgerusz · Post by **georgerusz** » Mon Aug 12, 2013 3:52 pm

You can have the country of birth changed on your Naturalisation Certificate, I just had mine done!!!

VR · Post by VR » Mon Aug 12, 2013 4:40 pm

vesivvisha,

You are talking about JR etc. After the above the secretary of state and the home office hold all the aces. So expect the worse and hope for the best.
cheers
vr

facts · Post by **facts** » Mon Aug 12, 2013 5:56 pm

georgerusz wrote:You can have the country of birth changed on your Naturalisation Certificate, I just had mine done!!!

How can you change country of birth after the birth?

mealos · Post by **mealos** » Mon Aug 12, 2013 6:21 pm

facts wrote:
georgerusz wrote:You can have the country of birth changed on your Naturalisation Certificate, I just had mine done!!!
How can you change country of birth after the birth?

I think you can if there had been a typo or similar mix up in the original papers submitted. I can't imagine if there is a chance to have it changed something like to London or Glasgow just because it would look better.

Please see the link to guidance notes below:
https://www.gov.uk/government/uploads/s ... icates.pdf

georgerusz · Post by **georgerusz** » Sat Aug 17, 2013 8:24 pm

You are completely missing the point here. It's not a matter of choice but a matter of fact. Lots of asylum seekers have claimed to be from a particular country rather than their genuine one in order to remain in the UK that's why once some conditions are met these individuals can ask for an endorsment on their naturalisation certificate to change the country for what was falsely claimed to the genuine one.

facts · Post by **facts** » Sun Aug 18, 2013 11:54 am

Thanks georgerusz, I got your point. But is there not a risk of deprivation and is it worth taking such risk?

georgerusz · Post by **georgerusz** » Mon Aug 19, 2013 11:50 am

Of course there is. Your first request is for the Sec of State not to deprive you. If you have any mitigating circumstances and it is not in line with their policy they will not deprive, then it is another struggle to obtain an endorsement of change on the naturalisation certificate but it can be done as I have done it myself.

eagle_guy34 · Post by **eagle_guy34** » Fri Jun 20, 2014 12:43 am

If you are still available please update us what happened with the amendment of your naturalisation certificate?

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Amendment of Naturalisation Certificate

Amendment of Naturalisation Certificate

After Sec 140 of Laspo 2012

Re: Amendment of Naturalisation Certificate