Legal News

Shane Ridge, a British- born man, has been issued an apology from The Home Office after they sent him a letter directing him to leave the UK or risk a fine of £5000 and a potential prison sentence.

The letter was sent to Shane, claiming that he had no lawful right to remain in the UK, according to records.

The records stated that Shane was not automatically a British citizen, even though he was born in Britain, since his mother is Australian. The fact that Shane’s mother has dual citizenship, because Shane’s Grandmother is a British citizen, was not taken into account when they first sent the enforcement.

Shane, who lives and works in Lancashire, was shocked by the accusation that he did not have the right to be in the UK.

"I've lived here all my life and pay tax and national insurance.”

The enforcement was issued in regards to his driving license, which he was told was at risk of being revoked if he did not take action to leave the UK. The fine and potential prison sentence were penalties he could have faced, if he had not responded to the warning. The warning itself, has now been retracted.

Shane stated that he had his application for a British passport rejected. He received a response urging him to apply for the “right of abode”. The confusion was caused by incomplete records, which didn’t take into account his British grandmother.

With sufficient evidence, The Home Office reviewed Shane’s records, naming him an automatic British citizen.

A number of EU nationals in the UK have wrongly received similar letters, which threaten detention and removal from the UK. The Home Office has since apologised and begun an investigation into the error.

The Home Office was quick to issue a formal investigation into the misdirected immigration enforcement notifications after a Finnish woman, married to a British Citizen, posted her letter on social media.

They responded to those affected by the mistake by telling them to disregard the initial notification with a request to accept their apologies for the grievances they may have caused.

The Home Office has reassured those EU nationals in the UK that their rights will “remain unchanged”.

The Duncan Lewis Immigration team have commented:

“This is not an isolated incident, as most people think they are automatically entitled to British Citizenship just because they are born in the UK. There are many factors that apply before a person can be said to be entitled to British Citizenship. In Mr. Ridge’s case even if his mother was not British he may still be eligible for British Citizenship by virtue of Section 1 (4) of the British Nationality Act 1981 or through other means. Alternatively, he may qualify under the “Long Residency” and/or “Private Life” route, which may eventually lead to citizenship. Immigration, Asylum and British nationality laws are very complicated and those such as Mr. Ridge are subjected to unnecessary distress. Some individuals even fall through the cracks because their applications are not assessed against the correct provisions”.

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