On 10th February 2025, the Home Office introduced significant amendments to its “Good Character” guidance for assessing nationality applications. These changes, which take immediate effect for applications submitted after this date, have the potential to block a large number of refugees and migrants from obtaining British citizenship.

Key Changes to the Good Character Requirement

The updated guidance introduces a strict stance on previous illegal entry into the UK. The most notable amendments include:

    • Any person applying for British citizenship from 10th February 2025 who previously entered the UK illegally will normally be refused, regardless of how much time has passed since the illegal entry occurred.
    • Applicants who submit their naturalisation applications before 10th February 2025 will still have their cases assessed individually, with the Home Office considering whether to disregard their past immigration breaches.
    • From 10th February 2025 onwards, individuals who previously arrived without a required valid entry clearance or electronic travel authorisation and made a dangerous journey (such as travelling by small boat or concealed in a vehicle) will normally be refused citizenship.
    • The previous policy of considering illegal entry within the past ten years has effectively been replaced by an indefinite ban, meaning there is no time limit after which an applicant’s past illegal entry would be disregarded.

Limited Exceptions and the Discretionary Approach

Although the guidance states that applications will “normally” be refused, meaning that discretion can still be applied in some cases, the reality is that such discretion will likely be used sparingly. The Home Office has indicated that applicants must demonstrate exceptional and compelling circumstances for their cases to be considered outside the new rules.

During a debate in the House of Lords, a Home Office minister confirmed that the presumption will be that those who arrived in the UK illegally will have their applications refused, except in cases where they can provide “a range of circumstances which are exceptional, compelling, and mitigating.”

 

Impact on Refugees and Migrants

A major concern surrounding these changes is their impact on refugees. The new rules do not explicitly exempt those who have been granted refugee status, even though the Refugee Convention protects asylum seekers from penalties for illegal entry when seeking protection. This lack of clarity leaves many individuals in legal limbo, uncertain whether they should risk submitting an expensive citizenship application that has a high chance of being refused.

Additionally, children who entered the UK illegally with their families remain at risk of being penalised under these new rules. While the guidance states that immigration breaches outside a child’s control “will normally be disregarded,” this remains entirely at the discretion of caseworkers. Given the high application fee of £1,630 with no right of appeal if refused, many individuals may be deterred from applying altogether.

Legal and Human Rights Concerns

The amendments mark a departure from previous Home Office policies, which applied a ten-year limit on considering past illegal entry. The indefinite nature of the new restrictions has raised concerns among legal experts, human rights organisations, and immigration practitioners. Many have called for a clear exemption for refugees, pointing out that international law prohibits punishing asylum seekers for their method of arrival.

Additionally, the Home Office guidance has historically included a reference to Article 31 of the Refugee Convention, which protects asylum seekers from being penalised for illegal entry if they claim asylum promptly. However, recent versions of the guidance, including the latest update, fail to reference Article 31 explicitly, raising further questions about compliance with international obligations.

Seeking Legal Advice

For individuals affected by these changes, seeking professional legal advice before applying for British citizenship is more important than ever. While there may still be opportunities to argue for discretion, the lack of appeal rights means that every application must be carefully prepared to maximise the chances of success.

At Arlingsworth Solicitors, our experienced immigration lawyers can provide expert guidance on citizenship applications, advising on the best course of action in light of the new “Good Character” amendments. If you are concerned about how these changes might affect you, contact us today to discuss your options.

This article contains general information about changes made to the Good Character: caseworker guidance and does not constitute legal advice and should not be treated or relied upon as such. It is provided without any representations or warranties, express or implied. The information contained within this article is correct as of 13th February 2025.