Changes in ‘Good Character’ Policy for Citizenship Applications Will Affect Many Migrants

The Home Office has recently introduced significant changes to the naturalisation guidance, impacting those applying for British Citizenship.  These updates clarify key requirements , including good character assessments.  Given the importance of naturalisation for individuals seeking their status as British citizens, it is essential to understand how these changes might affect eligibility and the application process. In this article we explore the latest updates, their implications, and what applicants need to consider when preparing their British citizenship applications.

Naturalisation Guidance

The Nationality: Good Character policy was updated on 10 February 2025, introducing stricter criteria that could prevent many migrants from obtaining British citizenship, even if they have lived lawfully in the UK for years and have been recognised as needing international protection. These changes risk excluding individuals who have sought safety in the UK, rebuilt their lives, and contributed to society—people who should rightly be permitted to obtain citizenship.

During Prime Minister’s Questions on 12 February 2025, Conservative leader Kemi Badenoch stated that a harder line should be taken on granting British citizenship, regardless of how individuals entered the UK. This represents a significant shift in UK nationality law and, in our view, is an unwelcome change.

The government continues to condemn those who have had no choice but to make dangerous journeys to seek safety.

What Are the Changes to the ‘Good Character’ Policy?

Currently, individuals who have completed five years can apply for indefinite leave to remain (ILR), which they must hold for at least one year before becoming eligible to apply for British citizenship (provided all other requirements are met).

In British citizenship applications, adults and children over the age of 10 must meet the ‘good character’ requirement. While this requirement is not defined by law, it typically considers factors such as:

• Criminal convictions;
• Civil penalties;
• NHS debts over £500;
• Home Office litigation; and
• Breaches of immigration law, including ‘illegal entry.’

Under the previous guidance, illegal entry that occurred more than 10 years ago would not be grounds for refusal. The guidance also required consideration of the circumstances of illegal entry, such as whether the individual was trafficked to the UK. Applications submitted before 10 February 2025 will continue to be assessed under these rules:

• “Any person applying for citizenship before 10 February 2025 where illegal entry is a factor will continue to have their application reviewed to determine whether that immigration breach should be disregarded for the purpose of the character assessment.”
• “Where you are not disregarding immigration breaches relating to lawful residence, if a person has previously entered the UK illegally, it will normally be appropriate to refuse the application for citizenship if the illegal entry is confirmed as having occurred during the preceding 10 years. If the date of entry cannot be confirmed, or if the person subsequently goes to ground, or absconds, the period of 10 years starts from the date on which the person last brought themselves to or came to the attention of the Home Office.”

However, the updated guidance, effective from 10 February 2025, now states:

• “Any person applying for citizenship from 10 February 2025, who previously entered the UK illegally will normally be refused, regardless of the time that has passed since the illegal entry took place.”

The guidance further clarifies:

• “A person who applies for citizenship from 10 February 2025 who has previously arrived without a required valid entry clearance or electronic travel authorisation, having made a dangerous journey, will normally be refused citizenship.”
• “A dangerous journey includes, but is not limited to, travelling by small boat or concealed in a vehicle or other conveyance.”

Why Are These Changes Concerning?

The updated policy guidance is deeply concerning for several reasons:

1. Impact on Refugees: Many refugees who entered the UK illegally had no alternative means of seeking safety. These individuals have often lived in the UK for years, contributing to society and integrating into communities.
2. Lack of Consideration for Circumstances: The new policy fails to account for the circumstances of illegal entry, such as trafficking or fleeing persecution, which were previously considered.
3. Contradiction with Refugee Convention: The guidance makes no reference to Article 31 of the Refugee Convention, which prohibits penalising refugees for illegal entry if they come directly from a place of persecution. It also omits Article 34, which obliges states to facilitate the assimilation and naturalisation of refugees.

What Can You Do If You Are Affected?

If you are affected by these changes, it is crucial to seek expert legal advice. Our immigration team is here to help you navigate the complexities of the new policy and explore your options.

Even if you entered the UK illegally, there may still be arguments to support your application, such as:

1. You arrived as a child and had no control over your entry.
2. You were trafficked or coerced into entering the UK.
3. There are compelling reasons why you should be considered to meet the good character requirement despite your mode of entry.

We are also exploring potential legal challenges to the updated guidance and would be happy to discuss this with you.   We can assist you to apply for to naturalisation or to register your children as British citizen.