The Home Office good character guidance was updated on 10 February 2025, making a significant change to the way in which illegal entry is considered when deciding naturalisation applications.
The good character guidance
The British Nationality Act 1981 sets out that individuals applying to naturalise must show they are of ‘good character’. The Home Office good character caseworker guidance sets out the factors that are considered when deciding whether an applicant is of good character.
Updates to the guidance
On 10 February 2025, significant changes were made to the good character guidance, which could possibly exclude a large cohort of individuals, particularly refugees, from applying to naturalise.
The guidance relating to illegal entry now states the following:
“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.
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.”
We previously discussed the changes to the good character guidance in 2022 that permitted immigration breaches to be disregarded in certain circumstances, which included breaches relating to illegal entry. This latest guidance update now clarifies this does not apply to illegal entry, where an application is made from 10 February 2025.
A new section has also been introduced to the guidance:
“Arriving without a required valid entry clearance or electronic travel authorisation, having made a dangerous journey
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. It does not include, for example, arrival as a passenger with a commercial airline.”
The impact of the guidance updates
For applications submitted prior to 10 February 2025, the application will be considered under the previous provisions. The decision maker will consider whether the immigration breach relating to illegal entry can be disregarded for the purposes of the character assessment.
If the immigration breach is not being disregarded, the guidance states “it will normally be appropriate” to refuse the application if illegal entry occurred in the last ten years.
For applications submitted from 10 February 2025, the application will “normally be refused”, regardless of the time that has passed since the illegal entry took place. This wording indicates that there is some room for discretion, and an example of how this may be applied has been retained during the update:
“a person who entered illegally 14 years ago would normally require refusal of citizenship as an illegal entrant but has been recognised as a victim of trafficking and subsequently granted refugee status. They haven’t acquired any other notable adverse character issues during their residency, indicative that on a balance of probabilities they are now of good character”
It is clear that individuals who have entered the UK illegally in the past will need to carefully consider the requirements for naturalisation before applying. It is expected that many individuals, and refugees in particular, will be adversely affected.
There is currently no right of appeal for naturalisation applications, meaning remedies are limited in the event of a refusal. Additionally, the fee for making a naturalisation application is significant. Last month, we looked at Home Office plans to increase naturalisation application fees from £1,500 to £1,605. With the citizenship ceremony fee of £130 factored in, applicants will soon be looking at total fee of £1,735 to make a naturalisation application.
It is therefore easy to anticipate that many individuals may no longer wish to make an application where their application could “normally” be refused for a historic illegal entry.
Naturalisation: How our Immigration Solicitors can help
When applying to naturalise as a British citizen, particularly when doing so at the discretion of the Home Office, it is important to consider the good character guidance carefully.
If you require legal advice on immigration breaches in relation to a naturalisation application, or you need any other advice on this area of law, please contact us.
