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British Citizenship of Millions of People Could be Jeopardised by a New Law

December 23, 2021

Concern grows about a UK Bill that allows individuals to be stripped of their citizenship without notice

When it seems we were all looking the other way, a new clause was quietly added to the UK government’s Nationality and Borders Bill which could have far reaching consequences for millions of UK citizens.


Clause 9 of the bill, “Notice of Decision to Deprive a Person of Citizenship”, was added in November 2021 just before it’s third and final reading in the House of Commons. This clause exempts the government from having to give notice to any individual that they are being immediately stripped of their British Citizenship. The government wants the right to invoke this clause on practical grounds or if it’s in the interests of “national security, diplomatic relations or otherwise in the public interest”.

In essence, if this Bill passes into law, the authorities will not have to alert individuals that they have just been stripped of their nationality.


Currently the Home Office has to make some effort to contact such individuals beforehand: Clause 9 effectively removes this requirement.

 

The Bill has now cleared the House of Commons and – at the time of writing – is due for its first reading in the House of Lords in January 2022. 

What does the Clause 9 amendment of the Nationality & Borders Bill mean?


The new powers are exceptionally broad and indeterminate. They would also appear to be capable of being applied retrospectively to cases where an individual was stripped of citizenship without notice before the clause became law, raising questions about their ability to appeal.


Of course Deprivation of Citizenship by the Home Office is nothing new. The Nationality, Immigration and Asylum Act passed in 2002 enabled the government to strip someone of their British citizenship provided they had another nationality. Since 2006, the British Home Secretary has had the power to deprive dual nationals of their British citizenship if doing so is "conducive to the public good."


In 2014, these powers were extended to include foreign-born British citizens without dual nationality, so long as the government believes they are eligible for foreign citizenship and if they have acted "in a manner which is seriously prejudicial to the vital interests of the United Kingdom, any of the Islands, or any British overseas territory."

Shamima Begum is perhaps the highest-profile case of the law being enacted in this way. Begum was born in the UK as a British citizen on the basis of her parents’ immigration status. She left the UK at age 15 and travelled to Syria to join an extremist group. She wants to return to the UK having rejected Islamic extremism, but she was stripped of her citizenship by the then Home Secretary Sajid Javid who cited national security grounds as the reason.


Begum is not alone. The UK has had a recent, significant rise in citizenship deprivations. Between 2006 and 2018, 175 people lost their citizenship on national security grounds – but 100 of those instances occurred in just one year, 2017. Most have taken place when the British citizen is already overseas, so they would be unlikely to know about cancellation orders and would find it difficult to appeal.

Will you be impacted?


Even if you were born in the UK of immigrant parents, have previously been given legal British Citizenship, or have dual citizenship, or have married a British Citizen under a Spouse Visa and subsequently been granted British Citizenship, it could all be taken away by the UK Government, without notice, and potentially with a limited right of appeal.


The decision would be placed in your Home Office file, and you would only get to hear about it when, for example, you apply to renew your UK passport, or when you try to re-enter the UK after a trip abroad. 

Setting a precedent


We are troubled by this new law on several fundamental levels, and not just as specialist Immigration lawyers, but as functioning and contributing members of the human race.


We believe that citizenship isn’t a privilege dependent on ministerial whim, but a status on which legal order is built.

View of Houses of Parliament from across the river Thames

The government has been reticent on defining what they mean by “in the public interest”. Could that include displeasing the government of the day in some tenuous way, even if no crime is committed and no law is broken?


In a pivotal House of Lords judgment on notice in 2003, Lord Steyn said that “surprise is regarded as the enemy of justice”. He also stated that fairness is the guiding principle of our public law, and that fairness requires that a decision takes effect only upon communication.


So our next question is this: how can a person challenge a decision that they do not know about?

 

Removing the citizenship of a person without telling them signals a retreat from one of the law’s most fundamental values, which is that an individual has a right to know of a decision before their rights can be adversely affected.


Clause 9 also sends a message to a group of Britons, that despite being born and brought up in the UK and having no other home, their citizenship is far from secure.


We also question what evidence the government has to justify including such a potentially prejudicial clause. The Home Secretary Priti Patel has long promised a tougher approach to immigration in the UK, particularly when it comes to people trying to enter the country through the English Channel.


But the tragic loss of 27 people who died while trying to reach England via dinghy in November 2021 shows that there is not nearly enough cross-border co-operation to rationalise enacting such draconian measures that could impact millions, when they should probably only apply by exception for a tiny minority.

What can you do?


Our core issues with Clause 9 arise from our belief that we all have a collective responsibility to ensure to the best of our ability that our fellow men, women, and children are happy and healthy, and that we have a moral duty as human beings to stand up for those who cannot stand up for themselves.


Clause 9 could potentially affect numerous numbers of minority communities who could wake up one day to find their citizenship has been revoked. We believe that Clause 9 needs more debate and – crucially – more proof that it is needed at all. There is an online petition asking for it to be removed from the Bill that (as of today) has amassed over a quarter of a million signatures.


Of course, there is no substitute for education in promoting tolerance and understanding above and beyond our political, cultural and religious differences. So we urge you to familiarise yourself with the new Bill, and especially Clause 9, using independent sources so that you can read up on both sides of the argument.


At Ash Hill Solicitors we specialise in all matters relating to immigration law and would be happy to have a 20-minute free initial discussion about any immigration concerns that you may have. 

Please find set out below our specialist immigration solicitor’s LinkedIn profile for your ease of reference.

How is jewellery distributed under a will?

By Nasreen Akhter • March 14, 2025
Death of a loved one is a difficult and stressful time. Between grieving, making funeral arrangements and sorting through stacks of paperwork, dividing your loved one's assets can be a long and confusing process. When it comes to inherited jewellery, you may be asking yourself: who gets what? How should it be distributed and how can you value the individual items of jewellery? Importance of a Will Firstly, your personal gold and jewellery must be included in a Will, this will ensure that these items are bequeathed to the intended beneficiaries. This can be included by doing the following: Detailed Description : Clearly describe each item of gold and jewellery in the Will. Include details such as type, size, weight, and any distinguishing features, or even marks. This will likely minimise confusion and disputes among beneficiaries. Specific Bequests : Specify exactly who should receive each item. You can name individual beneficiaries for specific pieces or groups of items. For example, "I leave my gold necklace to my daughter, [Name]." Residuary Clause : Include a residuary clause to cover any items not specifically mentioned. This ensures that any gold or jewellery not explicitly listed will still be distributed according to your wishes. Appraisal and Valuation : Consider having the items appraised to determine their value. This can be useful for equitable distribution among beneficiaries and for estate tax purposes. Storage and Security : Indicate where the items are stored and how they can be accessed. The reality is that you cannot distribute jewellery equally amongst several beneficiaries as it would involve cutting each piece of jewellery into several pieces in order for it to be "equal". Therefore, the more prudent approach is to specify the jewellery e.g. bracelet to son, diamond necklace to daughter, wedding rings to second daughter and everything else to sister. If you do not have a Will in place, then your gold and jewellery, along with any additional personal possessions will be distributed via the rules of intestacy which could risk your belongings being distributed against your wishes. Here is a link to a government website that explains the rules of intestacy: https://www.gov.uk/inherits-someone-dies-without-will . However, you may also like to be more flexible, as you acquire further pieces, or your family grows and expands. For instance, you may wish to pass some of your jewellery to your grandchildren. Therefore, making a letter of wishes may offer some flexibility when bequeathing specific pieces of jewellery. What is a Letter of Wishes? A letter of wishes is a document that accompanies a Will, providing guidance to the executors or trustees on how the testator would like their estate to be managed and distributed. While it is not legally binding, it serves as an informal way to express personal preferences and intentions that are not covered in the Will. Here are some key aspects of a letter of wishes: Purpose : It offers additional context and instructions to the executors or trustees, helping them understand the testator's personal wishes regarding the distribution of personal possessions, such as watches or gold and jewellery. Flexibility : Unlike a Will, a letter of wishes can be updated or changed without the need for formal legal procedures, making it a flexible tool for expressing changing preferences. Confidentiality : It is usually kept private and is not part of the public probate process, allowing the testator to express personal thoughts and wishes without making them public. One of the benefits for a Letter of Wishes is that you can update it during your lifetime, without the requirement to pay a professional to update your formal Will. Therefore, your jewellery, and other personal possessions can be bequeathed correctly to your children, grandchildren, and other family members as your circumstances change. Please access our downloadable free gold and jewellery log: view here Should you Value the jewellery? It is crucial to accurately value jewellery during probate, in order to ensure the correct tax calculation is provided. Please see the government link below for further information on valuing a deceased’s estate: How to value an estate for Inheritance Tax and report its value: Estimate the estate’s value - GOV.UK . During the probate process, jewellery is classed as a “chattel”, which refers to a personal possession or movable property. Chattels can encompass a wide range of items, such as furniture, vehicles, jewellery, and other personal belongings. It is the duty of an executor to ensure proper records are kept of a deceased’s chattels, which will thereafter be distributed according to their Will and Letter of Wishes. The executor should obtain approval from all the beneficiaries before disposing of any of the jewellery in case it has sentimental value for some of the beneficiaries. It is also important for the executor to obtain professional valuations of the jewellery to ensure compliance with HMRC guidelines. You may be at risk of HM Revenue & Customs imposing penalties if assets are valued inaccurately. Here are the general categories of penalties imposed by the HMRC: Careless Inaccuracy : If the inaccuracy is due to carelessness, the penalty can range from 0% to 30% of the additional tax due. Carelessness implies a lack of reasonable care in preparing the tax return. Deliberate Inaccuracy : If the inaccuracy is deliberate, the penalty can range from 20% to 70% of the additional tax due. This applies when the taxpayer knowingly submits incorrect information. Deliberate and Concealed Inaccuracy : If the inaccuracy is both deliberate and concealed, the penalty can range from 30% to 100% of the additional tax due. Concealment involves taking steps to hide the inaccuracy from HMRC. Please see link to HMRC Inheritance Tax Manual for further information: IHTM36023 - Late accounts: penalties chargeable - HMRC internal manual - GOV.UK Therefore, it may be prudent for the executor to contact an experienced jeweller and obtain expert appraisal. Obtaining Valuation for a Will It is recommended that you should obtain expert valuations on your gold when you write your Will. Here are some reasons why this is beneficial: Accurate Distribution : Valuation ensures that the jewellery is distributed fairly among beneficiaries. Knowing the precise value helps in making equitable decisions, especially if the estate is to be divided equally. Avoiding Disputes : Clear valuation can prevent disputes among beneficiaries over the worth of specific items, therefore, preserving the family harmony. It provides a transparent basis for distribution decisions. Clarity in Will : Including the value of jewellery in the Will provides clarity and reduces ambiguity, ensuring that the testator's intentions are clearly understood and executed. Tax Purposes : An accurate valuation is essential for calculating any potential inheritance tax liabilities. This helps in ensuring compliance with tax regulations and avoiding disputes with tax authorities. Insurance : Knowing the value of jewellery can assist in obtaining appropriate insurance coverage, protecting the items from loss, theft, or damage. Updating Values : Jewellery values can change over time due to market fluctuations. Regular valuations ensure that the Will reflects the current value of the items. If you decide not to value your jewellery when make your will then at the very least, you should ensure that each piece is described accurately and that it is bequeathed to specific named beneficiaries. Can family disputes arise about jewellery distribution under a will? Sometimes, who gets what from a parent’s estate can become a source of friction and resentment, especially if a family member feels they had been “promised” a particular item or keepsake. The chances are that you will have personal possessions that you’d like to be handed on to your family and friends when you die. For example, you may want family jewellery to go to your daughter, a watch to a cousin, or a bracelet to be given to a close friend. If that’s the case, it makes sense to record your wishes so that your executors can ensure they are followed. Often it is the little things that cause conflict and dispute between family members, we would advise against assuming that things will simply sort themselves out when the time comes. At Ash Hill Solicitors when we draft your bespoke will we insert clauses to prevent dispute from arising in your family. We encourage you to have open communication with your family before making your will. Although it might be a difficult conversation to have, there are clear merits to having an open discussion with other family members. Deciding as a family what should happen to personal possessions can help prevent future disputes. Our advice is to have a ‘Letter of Wishes’ drawn up to be read alongside the Will. Arguably it is not appropriate for such (often quite personal) detail surrounding who should get what and why to be included within the Will itself, bearing in mind this is a document of public record once probate has been granted. A Letter of Wishes provides an explanation for your beneficiaries to read and hopefully prevent conflict arising. When dealing with collections of things such as jewellery or memorabilia, it can make sense to keep a photograph together with a brief description, so that each piece can be clearly identified by your Executor when the time comes. Cluttering a Will with details surrounding personal possessions and lists of particular items can also cause complications from an Inheritance Tax standpoint and is rarely a good idea. Over the years, the chances are that you’ll dispose of certain belongings and acquire new ones, which would mean you would have to consider updating your Will more often than you might feel necessary. At Ash Hill Solicitors, we provide expert advice in drafting your Will and Letter of Wishes based on your personal circumstances. Deathbed Gift If a gift has been given by a person in anticipation of their impending death, certain conditions need to be satisfied. You can read more about deathbed gifts on our blog post: What is a Death Bed Gift? Contact us  Call us today so that we can assist you in securing your jewellery: 02085152790 or visit our website for further information - https://www.ashhillsolicitors.co.uk/ .

What is a Death Bed Gift?

By Nasreen Akhter • February 25, 2025
A deathbed gift is one made by a person in anticipation of their impending death. The principle of deathbed gifts (in legal terms known as ‘donatio mortis causa’) is long enshrined in law. It is important to be aware that for a deathbed gift to be valid, certain conditions must be satisfied.  Death bed gifts are open to abuse by the dishonest persons present at the time of donors death. They can also be very difficult to determine and are often open to challenge.

What will happen to your digital assets if you pass away suddenly?

By Nasreen Akhter • January 20, 2025
What will happen to digital assets if you pass away suddenly? In today’s digital world, where most of us have multiple digital assets, it is important to put measures in place to protect these assets. A digital asset refers to any asset which you own and may have stored in a digital format. Typically, digital assets are accessed via an online account run by a third-party provider such as Facebook, Google, Apple, or Amazon. There are many examples of digital assets which you may own that are online. These are typically bank accounts, music libraries, email accounts, cryptocurrency, social media, gambling accounts, loyalty schemes, or sentimental photos and videos. Maintaining access to online accounts is essential for either financial or sentimental reasons. Thus, it is very important to plan what will happen to your online accounts when you pass. How can digital assets be protected? The tech industry is fast-paced and constantly changing, with new languages, frameworks, and tools emerging regularly. You may have multiple online accounts on various platforms. For each online account, we recommend that you should review the terms and conditions you agreed to when creating the account. Each account is likely to have specific terms on which assets can be administered on death or if there is no activity on an account for a long period of time the account might be terminated. We recommend that you should choose a digital executor to take over control of certain aspects of your account where the internet service providers (ISP) offer this facility. For example, Facebook allows you to nominate a legacy contact to turn your account into a memorial when you die. Google, on the other hand, allows you to nominate an Inactive Account Manager. This in turn allows the account to be closed or for the submission of requests for data from the account. You should make note of the fact that some ISPs will permanently destroy your digital assets after a period of inactivity or upon notification of your death. What will happen to your digital assets if you pass away without a will or have not mentioned the digital assets in your will? If you currently have a Will in place that does not provide for your digital assets upon death, then these are likely to form part of the residue of your estate and will pass to your residuary beneficiaries. If you don’t have a Will in place, then your digital assets will be distributed via the rules of intestacy which could risk your digital assets ending up in the wrong hands or being lost forever. Here is a link to a government website that explains the rules of intestacy: https://www.gov.uk/inherits-someone-dies-without-will What challenges will your relatives face when dealing with your digital assets? Relatives often face several issues when dealing with a relative's digital assets after their death: Access and Passwords : One of the primary challenges is gaining access to the deceased's digital accounts and assets. Without passwords or access credentials, it can be difficult to manage or close accounts. In order to remedy this administrative issue, it is important to keep a list of digital assets and login information in a secure place. Ideally, this should be alongside the will in a locked draw/safe. Furthermore, this should be updated regularly to avoid further issues. Such information should not be disclosed in the Will document as the Will becomes a public document once a Grant of Probate is obtained. Identification of Assets : Identifying all digital assets can be challenging, especially if the deceased did not maintain a comprehensive list. Digital assets can be spread across various platforms and devices. Ownership : Relatives performing the role of an Executor for the deceased’s estate will need to determine whether the deceased owned the object or if they had the required permission to utilise it during their lifetime. The information regarding the deceased’s ownership will likely be displayed in the terms and conditions of each digital asset. Legal Authority : Relatives may need legal authority, such as a grant of probate, to manage or transfer digital assets. This can be complicated if the deceased did not leave clear instructions or if the digital service providers have strict policies. Service Provider Policies : Different service providers have varying policies regarding the transfer or closure of accounts after death. Some may require specific documentation or legal processes. Privacy Concerns : There may be privacy issues related to accessing the deceased's digital communications or personal data, which can complicate the process. Valuation and Transfer : Determining the value of digital assets, such as cryptocurrencies or digital art, and transferring them to beneficiaries can be complex and may require specialist knowledge. Legal and Tax Implications : There may be legal and tax implications associated with inheriting digital assets, which can vary depending on the type of asset and jurisdiction. How can we help you plan ahead to protect your digital assets? At Ash Hill Solicitors, our experienced solicitors specialise in all areas of estate planning and Wills. We can assist in planning your digital legacy by providing comprehensive legal guidance and support in several key areas: Identifying Digital Assets : We can help you identify all your digital assets, including online accounts, digital currencies, and intellectual property, ensuring nothing is overlooked. Drafting Legal Documents : Our team can draft or update your will to include specific instructions for the management and distribution of your digital assets, ensuring these are legally binding and clear. Appointing a Digital Executor : We can assist in appointing a digital executor, who will be responsible for handling your digital assets according to your wishes. Access and Security : We can advise on secure methods to store access information, such as passwords and encryption keys, ensuring that your digital executor can access your assets when needed. Compliance with Laws : Our experienced solicitors ensure that your digital legacy plan complies with relevant laws and regulations, including data protection and privacy laws. Regular Updates : We are able to help you regularly update your digital legacy plan to reflect changes in your digital assets or personal circumstances. Dispute Resolution : In the event of disputes over digital assets, our team can provide legal representation and advice to resolve issues effectively. By working with Ash Hill Solicitors, you can rest-assured your digital legacy is managed according to your wishes, and that your digital assets are protected and transferred smoothly to your beneficiaries. Please access our downloadable free digital assets log: Click Here Further information The draft Property (Digital Assets etc) Bill proposes that digital assets can be the object of property rights in England and Wales. Please see the link below for further details: https://www.lawsociety.org.uk/topics/private-client/property-digital-assets-etc-bill Contact us Call us today so that we can assist you in securing your digital assets: 02085152790 or visit our website for further information https://www.ashhillsolicitors.co.uk/ .
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