Petition Revoke citizenship/benefits from anyone who supports or has supported terrorism

Section 40 of the British Nationality Act 1981, provides that the Secretary of State may by order deprive a person of citizenship status if the Secretary of State is satisfied that it is conducive to the public good and the person will not be left stateless as a result of deprivation.

Individuals deprived of their citizenship lose any entitlements and benefits associated with British citizenship status, including the right to hold a British passport. There is a statutory right of appeal against a decision to deprive.

Under section 40(4) the Secretary of State may also deprive a naturalised British citizen of citizenship on the grounds it is conducive to the public good if:
• the person has conducted themselves in a manner which is seriously prejudicial to the vital interests of the UK; and
• there are reasonable grounds for believing that the person could, under the laws of another country or territory, become a national of that country.

“Seriously prejudicial” is a high threshold, which would include individuals involved in terrorism, espionage and taking up arms against British or allied forces.

Deprivation of citizenship where it is conducive to the public good is used against 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 support of or glorification of terrorism;
• war crimes;
• serious organised crime.

The power has historically been used only after very careful consideration of the individual facts of each case, and after ensuring that the decision to deprive would comply with the UN Convention on the Reduction of Statelessness.

The power has never previously been used in the blanket way proposed in this petition, which would mean depriving a person of their citizenship, irrespective of any assessment of the individual facts of each case; the personal circumstances of the individuals to whom the power would be applied; the seriousness of the threat or harm involved in each instance; or the need to comply with international law.

It would therefore be a considerable departure from past precedent, and from the intentions of Parliament when Section 40 of the British Nationality Act was first introduced, to use the power in that kind of blanket way now.

Full guidance on deprivation of citizenship is available at: https://www.gov.uk/government/publications/deprivation-of-british-citizenship-caseworker-guidance.

Where the power to deprive citizenship is used, it is understood that this can cause significant disruption to that individual’s life – such as losing their job or access to benefits. However, we do not believe that such disruption should be a barrier to that person losing their citizenship.

To turn more specifically to the subject of benefits, and how they work in relation to deprivation of citizenship, it is important to note that in order to access income-related benefits, an individual must have a right to reside in the United Kingdom.

This means an individual has either:
• British or Irish citizenship;
• a form of Home Office immigration leave that does not restrict access to benefits;
• is exempt from immigration control.

Therefore, if an individual is deprived of their British citizenship, they would lose their right to reside and would already no longer be able to access benefits.

If the Department for Work and Pensions (DWP) is made aware of a change in a customer’s circumstances, either by the customer directly or by another government department (such as the Home Office), then the relevant claim will be reviewed. This includes if the Home Secretary deprives citizenship on the grounds it is conducive to the public good and the person will not be left stateless as a result of deprivation.

If an individual is deprived of their British citizenship and then attempts to make a benefit claim, this claim will be rejected.

Home Office

This is a revised response. The Petitions Committee requested a response which more directly addressed the request of the petition. You can find the original response towards the bottom of the petition page (https://petition.parliament.uk/archived/petitions/649686)