The UK Home Office has implemented significant amendments to the British citizenship good character guidance. These changes, effective from 10 February 2025, have profound implications, particularly for refugees and individuals who entered the UK through irregular means.
Overview of the good Character’ Requirement
The ‘good character’ criterion is a statutory mandate under the British Nationality Act 1981, requiring applicants for British citizenship to demonstrate lawful conduct and respect for UK laws and societal norms. Historically, this assessment has encompassed factors such as criminal convictions, financial integrity, and adherence to immigration laws.
Key changes in the good character guidance
The revised guidance introduces stricter measures concerning applicants with histories of illegal entry into the UK. Individuals applying for citizenship on or after 10 February 2025, who have previously entered the UK illegally, will typically face refusal, irrespective of the time elapsed since their entry.
Also, applicants arriving without valid entry clearance or electronic travel authorisation, particularly those who undertook perilous journeys, such as crossing by small boats or hiding in vehicles, will generally be denied citizenship. The policy does not apply to arrivals via commercial airlines.
Implications on citizenship applicants
The amended guidance has been met with considerable concern among legal experts and human rights advocates. Many refugees, compelled to flee their home countries due to persecution or conflict, resort to irregular entry methods as a last resort. The updated guidance could bar a substantial number of these individuals from obtaining British citizenship, even after years of lawful residence and integration.
Critics also argue that the policy may contravene the 1951 Refugee Convention, which prohibits penalising refugees for illegal entry when they present themselves without delay and show good cause for their unauthorised arrival.
Legal challenges have already followed in response to the changes. Judicial Review cases have been initiated to contest the legality of the new rules, asserting that they misinterpret the legal framework of the good character requirement and infringe upon human rights protections.
Final thoughts
The Home Office maintains that these changes are designed to reinforce the integrity of the immigration system. As legal challenges proceed and debates continue, it remains to be seen if the updated guidance will stand or be subject to potential reversal. For the time being, however, the new guidance stands and will be applied to relevant citizenship applications.
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
