The good character requirement is one of the more challenging and unpredictable aspects of the British citizenship application process.
Unlike the English language test or Life in the UK exam, this isn’t something you can revise for or easily evidence. Instead, applicants are required to disclose their past to Home Office scrutiny, under criteria that are broad, discretionary and increasingly unforgiving.
What began as a catch-all safeguard has evolved into a central filter for citizenship applicants, particularly in a political climate where immigration control is often conflated with character judgement. From old cautions to unpaid tax, immigration breaches to associations of ‘notoriety’, the good character requirement gives the Home Office wide latitude to refuse. And with recent policy changes tightening the rules on illegal entry, even long-settled individuals may find themselves unexpectedly excluded.
In this guide, we look at this requirement in detail, from what factors will be taken into account by the UK Home Office to what you can do if your history is more complicated, to avoid refusal on the grounds of good character.
What is the good character requirement?
Under the British Nationality Act 1981 (BNA), when applying to naturalise or register as a British citizen, most applicants will need to satisfy the good character requirement. It is a mandatory requirement, although the BNA does not provide any statutory definition. Instead, rather unhelpfully for applicants, the question of ‘good character’ is assessed on the basis of Home Office policy guidance.
Re-issued on 30 September 2020, and most recently updated on 10 February 2025, the guidance reflects changes in immigration policy, including the post-Brexit requirements for EEA nationals and new rules stating that individuals who entered the UK illegally will normally be refused citizenship, regardless of how much time has passed.
The guidance sets out the types of conduct which must be taken into account by the Home Office when assessing good character. Where there is evidence of any one of the long list of issues under the guidance that would indicate that a person is not of good character, or evidence that otherwise casts serious doubts on the applicant’s character, then their application for citizenship will normally be refused.
When does the good character requirement apply?
The good character requirement applies to most applicants applying for naturalisation or registration as a British citizen. The requirement previously only existed for naturalisation applications, but has since been extended to other routes for citizenship.
All applicants aged 10 or over at the date of their application must meet the good character requirement, although the Home Office guidance contains specific instructions for assessing the good character of children aged between 10 to 18. When assessing children, caseworkers must consider the child’s best interests, taking into account any mitigating factors relevant to their circumstances.
Applicants under the age of 10 are exempt.
There are also certain categories of individuals who are exempt from demonstrating they are of good character. This includes those applying under the statelessness provisions or those who have no other citizenship. Further exemptions include individuals applying under specific provisions of the BNA, such as sections 4B, 4C, 4G, 4H, 4I, 17A, 17B, 17D, 17E, 17F and 17H.
Following amendments made by the British Nationality Act 1981 (Remedial) Order 2019, individuals who would automatically have been born British but for the fact that they were born before 1983 to British mothers or before 2006 to unmarried parents are also exempt. In these types of cases, where individuals have been denied British citizenship by historic legislative bias, they no longer need to demonstrate that they are of good character where it would be discriminatory to require them to do so.
Does the good character requirement apply to visas or settlement?
The good character requirement is specific to applications for British citizenship. It does not apply to immigration applications for leave to enter the UK, leave to remain or indefinite leave to remain (ILR). That said, many of the same types of conduct that would lead to refusal of a citizenship application, such as criminal offending, immigration breaches and use of deception, can also result in refusal of a visa or settlement application under the general grounds for refusal in the Immigration Rules.
For example, under Part 9 of the Immigration Rules, an application may be refused where the applicant has a criminal conviction, has breached immigration laws or has used deception in a previous application. Even though there is no formal ‘good character’ test in these cases, the Home Office is still required to assess whether the applicant’s conduct makes them unsuitable for permission to enter or remain in the UK. These issues can also affect a person’s ability to later apply for citizenship, meaning it is important for individuals to be aware of the long-term impact of any adverse behaviour.
How do you meet the good character requirement?
There are various factors that can impact good character in the context of an application for naturalisation or registration as a British citizen. The Home Office guidance runs to over 50 pages and includes a long non-exhaustive list of issues which would indicate that a person is not of good character and would therefore lead to refusal.
A person will not normally be assessed as being of good character if there is evidence to suggest that any one of the following apply:
Assessment Area | Description |
---|---|
Criminality | Convictions, cautions, or suspected involvement in crime in the UK or abroad. |
International Crimes & Terrorism | Association with war crimes, terrorism, human rights abuses, or extremist activity. |
Financial Soundness | Bankruptcy, unpaid taxes, reckless debt, or financial mismanagement. |
Notoriety | Conduct that brings disrepute or causes concern in the local or wider community. |
Deception & Dishonesty | False statements, concealment of facts, or fraudulent dealings with authorities. |
Immigration Breaches | Illegal entry, overstaying, absconding, sham marriages, or working without permission. |
Previous Deprivation | Past deprivation of citizenship due to serious criminality or immigration fraud. |
Criminality
If an applicant has not respected or is not prepared to abide by the law, for example, where they’ve been convicted of a crime either in the UK or overseas, or where there are reasonable grounds to suspect they’ve been involved in criminal activity. This can include any information of involvement with a gang or association with known criminals.
The guidance aligns criminality thresholds with those in Part 9 of the Immigration Rules. Notably, a custodial sentence of 12 months or more, whether in the UK or abroad, will typically lead to refusal. Persistent offenders, those causing serious harm, or individuals listed on a police register are also likely to be refused.
International crimes, terrorism and other conduct not conducive to the public good
If an applicant has been associated with or involved in war crimes, crimes against peace or humanity, genocide, serious human rights violations or terrorism, whether in the UK or elsewhere. This includes where an applicant has engaged in extremist activity, unless they’ve publicly retracted their views and it’s clear they’ve not re-engaged in such behaviour.
Financial soundness
If an applicant’s financial affairs have not been in appropriate order, for example, where they’ve failed to pay taxes for which they were liable or have accrued significant debts. This could include where a person has been declared bankrupt, where they’ve been a director of a company that has been forced into liquidation, or where they’ve deliberately and recklessly built up debts with no serious intention of paying them off.
Notoriety
If an applicant’s activities have been notorious such that this conduct casts serious doubt on their standing in the local community. This is where, by the scale and level of their conduct, they’ve made themselves notorious in their local or wider community. This could include persistent anti-social behaviour or publicly expressing unsavoury views.
Deception and dishonesty
If the applicant has been deliberately deceptive or dishonest in their dealings with other government departments, for example, fraudulently claiming benefits. It also includes any deception or dishonesty in previous immigration applications or during the current citizenship application process, where any lies or attempts to conceal the truth during this process can, of itself, provide a ground for refusal.
Immigration-related matters
If an applicant has breached UK immigration laws, for example, overstaying, failure to comply with any reporting requirements, absconding, illegal working, illegal entry, sham marriage and assisting illegal immigration.
Applications submitted on or after 10 February 2025 will normally be refused if the applicant entered the UK illegally, regardless of how long ago the entry occurred. This also includes EEA nationals who have failed to comply with any applicable requirements over the past 10 years including, where relevant, having comprehensive sickness insurance in place.
Deprivation
If an applicant has previously been deprived of citizenship. In some cases, a person may be permanently deprived from ever successfully applying for British citizenship. This could include where they’ve been convicted of a serious criminal offence for which they received a lengthy custodial sentence, where they’ve hired illegal workers or been involved in an attempt to assist another person in the evasion of immigration control.
Importance of disclosure
When applying for British citizenship, full and honest disclosure is essential. The Home Office expects applicants to be transparent about their past, particularly when it comes to criminal convictions, immigration breaches, and any dealings with public authorities. Any attempt to conceal information, whether deliberate or accidental, can be treated as deception and may result in the application being refused on good character grounds.
Importantly, applicants must disclose all criminal convictions, even if those convictions are spent under the Rehabilitation of Offenders Act 1974. The good character assessment is not limited by that Act, and caseworkers are entitled to consider the full extent of an applicant’s criminal history, regardless of when the offence took place. This includes convictions outside the UK, out-of-court disposals, and ongoing investigations.
Failure to disclose relevant facts will almost always be treated seriously. It can lead not only to refusal of the citizenship application, but also to a finding that the applicant has attempted to mislead the Home Office. In some cases, this may trigger a ban on future applications for up to 10 years.
Applicants are strongly advised to take care when completing their application and to seek legal advice if they are uncertain about compiling your submission.
Do minor offences, cautions or speeding fines affect citizenship eligibility?
Many applicants assume that minor offences or incidents that did not lead to a conviction do not need to be declared — but this is not the case. The good character requirement covers a wide range of conduct, and the Home Office expects applicants to disclose more than just criminal convictions.
Cautions, warnings and out-of-court disposals (such as community resolutions or penalty notices) are all taken into account if they are recorded on an individual’s criminal record. Even where there is no conviction, evidence of persistent low-level offending or anti-social behaviour can raise concerns about good character, particularly if there is a pattern of behaviour over time.
Findings of ‘not guilty’ do not need to be declared, but applicants should be aware that information relating to arrests or charges may still appear on criminal record checks and may be considered in exceptional cases — especially if there is other supporting evidence of poor conduct.
Speeding fines, parking tickets, and other fixed penalty notices for minor road traffic offences will not normally result in refusal, provided they are isolated and there is no pattern of disregard for the law. However, these should still be declared if asked, as failure to do so could be viewed more seriously than the offence itself.
In all cases, the safest approach is to be open and honest. If in doubt, it is better to disclose and explain than to omit and risk refusal for lack of candour.
What will a caseworker look for when assessing good character?
Under the Home Office policy guidance, each application must be considered on its own individual merits, where the caseworker must be satisfied that an applicant is of good character applying the relevant balance of probabilities test to the available evidence.
The various adverse factors set out under the guidance provide a basis upon which an application will normally be refused, although in certain cases the decision-maker may be able to exercise some discretion. The caseworker can also have regard to other matters that cast doubt on an applicant’s character, even if these factors are not expressly cited in the guidance.
In respect of many of the factors specifically set out as a basis for refusal, the guidance provides a timeframe within which any evidence of ‘bad character’ should be taken into account. This means, for example, that not every past breach of immigration laws will trigger an automatic refusal, where the caseworker will typically be looking at breaches during the past 10 years. This 10-year timeframe also applies to various other adverse factors, such as evidence of dishonesty in a previous immigration application.
In relation to criminality, there are a series of sentence-based thresholds providing periods of exclusion from qualifying for British citizenship. Under these thresholds, an application will normally be refused if the applicant has a criminal conviction for which they were given:
- A custodial sentence of at least 4 years
- A custodial sentence of at least 12 months but less than 4 years, unless a period of 15 years has passed since the end of the sentence
- A custodial sentence of less than 12 months, unless a period of 10 years has passed
- A non-custodial sentence or out-of-court disposal, that is recorded on their criminal record and which took place in the 3 year period prior to the date of application.
Even if any sentence imposed would not normally in itself be a reason for refusal, the application can still be refused if, for example, the applicant is a persistent offender and their overall pattern of offending indicates they are not of good character. This can include a series of offences committed within a short timeframe or a long history of minor offences.
Further, an applicant is usually required to disclose all convictions, even if they are classed as ‘spent’ under the Rehabilitation of Offenders Act 1974. This is because regard can be had to any criminality, regardless of when this took place, when assessing good character as a whole.
Sentence Type | Consequence for Citizenship |
---|---|
Custodial sentence of 4 years or more | Application will normally be refused, regardless of when the sentence was served. |
Custodial sentence of 12 months to less than 4 years | Application will normally be refused unless 15 years have passed since sentence end. |
Custodial sentence of less than 12 months | Application will normally be refused unless 10 years have passed since sentence end. |
Non-custodial sentence or out-of-court disposal | Application will normally be refused if within 3 years of the application date. |
What if your application is refused for failing the good character test?
If the good character requirement is not met, an application will normally be refused. That said, there are circumstances in which a person might exceptionally be granted citizenship. An exceptional case is one where there are mitigating circumstances which mean it would still be appropriate to grant citizenship, even though the application would normally be unsuccessful.
Examples of when an application may be granted include where:
- The applicant’s criminal conviction is for an offence not recognised in the UK or where there is no comparable offence, such as homosexuality or membership of a trade union.
- The applicant has one single non-custodial sentence which occurred within the first 2 years of the preceding 3, and there are strong factors which suggest the person is of good character in all other regards.
- The applicant has one single conviction but has lived in the UK all their life or since a young age and the conviction was many years ago.
If the good character requirement is not met on grounds other than those that fall within a category for an exceptional grant, a person may be able to reapply when they are more likely to meet this requirement.
However, in cases where the refusal of their application was based on fraud, false representation or the concealment of material fact, any further application made within a period of 10 years will normally be refused.
How to avoid a refusal on the grounds of good character
When making an application for citizenship, timing can be crucial. Often, it can be best to wait until you have a straightforward application, free from any applicable timeframe under the policy guidance within which an adverse factor will automatically be taken into account.
In the case of someone who has overstayed, for example, you might want to wait until 10 years have passed from the end of your period of overstay. That said, discretion to overlook certain immigration breaches can still be exercised by the Home Office in limited circumstances, especially where this is the sole adverse factor weighing against your good character. Taking professional advice will help you to understand your options based on the facts of your case. An advisor specialising in nationality applications can also assess the nature and extent of any evidence needed in support of your application, including evidence that may mitigate any adverse factors or have a positive bearing on your overall good character assessment.
It is important to bear in mind that consideration must be given by caseworkers to all aspects of your character when assessing the good character requirement. This is not limited to negative factors, but must also take into account positive factors. Importantly, the ‘good character requirement’ guidance is guidance only, where it is always possible, with the right advice and approach, to put forward arguments to rebut the presumption of refusal.
Need assistance?
DavidsonMorris are specialists in naturalisation applications. We support individuals through the application process for British citizenship, including guidance on the good character requirement, particularly where issues such past criminal records or immigration history may be problematic.
The guidance in this area is complex and subject to frequent change. Taking professional advice can help ensure you are working to current requirements and avoid issues that could impact your prospects of making a successful application.
For advice on your circumstances, contact us.
Good character requirement FAQs
What does ‘good character’ actually mean in a citizenship application?
There is no statutory definition of ‘good character’. The Home Office assesses this based on detailed policy guidance which lists the types of behaviour and conduct that may indicate a person is not of good character.
Do spent convictions need to be declared?
Even if a conviction is spent under the Rehabilitation of Offenders Act 1974, it must still be disclosed. The good character assessment is not limited by that legislation.
Will a caution or fine lead to a refusal?
Not necessarily. Minor offences may not result in refusal, but they must be declared. The Home Office will consider the nature of the offence, how long ago it occurred, and whether there is a pattern of behaviour.
Does overstaying affect good character?
Breaches of immigration law, including overstaying, are taken into account and may lead to refusal, particularly if they occurred within the last 10 years. Illegal entry, from February 2025, will normally lead to refusal regardless of how long ago it happened.
Can I still apply if I’ve previously been refused on good character grounds?
Yes, but the outcome will depend on why you were refused. Some issues may be time-limited, meaning you can reapply after the relevant exclusion period. Others, such as deception, may result in a refusal for up to 10 years.
Is there any discretion if I fail to meet the requirement?
In rare and exceptional cases, discretion may be exercised. For example, if the offence was not recognised under UK law, or where the applicant has shown strong evidence of rehabilitation.
What if I made a mistake and forgot to include something on my application?
Failure to disclose relevant information, even if accidental, can be treated as deception and may lead to refusal. It is essential to take care when completing your application and to seek advice if unsure.
Can I challenge a refusal on good character grounds?
There is no right of appeal against refusal of a citizenship application, but you can request an administrative review in limited cases, or reapply when circumstances change. Legal advice may help in deciding the best course of action.
Glossary
Term | Definition |
---|---|
British Nationality Act 1981 | The primary legislation governing British citizenship, including naturalisation and registration processes. |
Good character requirement | A mandatory requirement for most British citizenship applicants, involving assessment of conduct such as criminality, financial responsibility, and immigration compliance. |
Naturalisation | The process by which a non-British adult can apply to become a British citizen, usually after a qualifying period of residence. |
Registration | An alternative route to British citizenship available in specific circumstances, such as to children or those with historic claims. |
Leave to enter | Permission granted to a person to enter the UK, typically through a visa. |
Leave to remain | Permission to stay in the UK for a limited period, granted after arrival or as an extension of existing leave. |
Indefinite leave to remain (ILR) | Settlement status allowing a person to live and work in the UK without time restrictions. |
Spent conviction | A conviction that no longer needs to be disclosed for most purposes under the Rehabilitation of Offenders Act 1974, but must still be declared in citizenship applications. |
Custodial sentence | A sentence where the offender is sent to prison or a young offenders’ institution. |
Non-custodial sentence | A sentence that does not involve imprisonment, such as a fine or community service. |
Out-of-court disposal | An alternative to prosecution, such as a caution or warning, recorded on a person’s criminal record. |
Deception | Providing false information or concealing material facts in dealings with authorities, including in immigration applications. |
Immigration Rules | The official set of rules governing entry, stay, and settlement in the UK. |
Part 9 of the Immigration Rules | The section that sets out general grounds for refusal of entry or leave to remain, including criminality and deception. |
Administrative review | A process by which an applicant can request a reconsideration of a Home Office decision, where a caseworker may have made an error. |
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
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- Anne Morrishttps://www.davidsonmorris.com/author/anne/
- Anne Morrishttps://www.davidsonmorris.com/author/anne/
- Anne Morrishttps://www.davidsonmorris.com/author/anne/