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A commonwealth citizen who has been resident in the UK for 5 years or more cannot be deported under current regulations.ILR holders can be deported for various reasons (especially during a media witchhunt), citizens can't.
This does not make sense unless it is combined with the revoking of that persons UK citizenship which can only occur under very special circumstances. It's about as useless as trying to deport EU nationals, which is itself an exercise in futility as there is nothing stopping an EU national from coming straight back to the UK after deportation. Likewise there is nothing stopping a UK citizen with dual nationality from returning straight back to the UK after deportation.Citizens with dual nationality can be deported as well.
I'm not doubting you, dawie, but can you give a reference for this?Dawie wrote:....A commonwealth citizen who has been resident in the UK for 5 years or more cannot be deported under current regulations.
Citizens with dual nationality can be deported as well.
The Immigration Asylum & Nationality Act 2006 - passed by Parliament, but not yet in force - will make deprivation a bit easier, I think. It also gives the Home Secretary power to deprive people of the right of abode, if they have it as (eg) a Commonwealth citizen with a UK-born mother...Dawie wrote:This does not make sense unless it is combined with the revoking of that persons UK citizenship which can only occur under very special circumstances. It's about as useless as trying to deport EU nationals, which is itself an exercise in futility as there is nothing stopping an EU national from coming straight back to the UK after deportation. Likewise there is nothing stopping a UK citizen with dual nationality from returning straight back to the UK after deportation.
In any case a dual national cannot be deprived of their UK citizenship if they renounce their other citizenship as this will leave them stateless.
which I assume is where dawie's statement that "....A commonwealth citizen who has been resident in the UK for 5 years or more cannot be deported under current regulations" came from.under section 7 of the 1971 Act, Irish and Commonwealth citizens who have been ordinarily resident in the United Kingdom and Islands for the last 5 years at the date of any decision to deport;
I don't know about you, but I think the instructions are misleading. Commonwealth citizens who didn't arrive in UK until after 1.1.73 - or who weren't Commonwealth citizens until after that date (eg citizens of South Africa, Pakistan, Mozambique, Cameroon & Namibia) are not exempt from deportation, whether they've lived here for five years or not. (Unless section 7 has been amended, and I've just failed to find it...!)...a Commonwealth citizen or citizen of the Republic of Ireland who was such a citizen at the coming into force of this Act {1st January 1973} and was then ordinarily resident in the United Kingdom....