Good character requirements amended to prevent migrants with adverse immigration history from applying for British citizenship

13 February 2025

There have been some important amendments recently to the Home Office “Good Character” guidance that have the potential to prohibit a large number of migrants from naturalising as British citizens, effective from 11 February 2025. As it stands, such amendments might target primarily those migrants, who have entered the UK illegally in the past, even if they have later regularised their immigration status.

The new amendments state as follows:

• 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.

• 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.

For those applying before 10 February 2025 the position is that it should normally be appropriate to refuse naturalisation applications where illegal entry happened in the past ten years (which mirrors the previous rules in this regard).

Under the current immigration rules, naturalisation applications do not attract a right of appeal against a refusal. However, the fact that the above amendments refer to applications “normally” being refused, means that there is still room to ask for Home Office discretion to be applied and a grant still made even where there has been illegal entry.

Given the complexity involved, professional legal advice must be sought and relied on prior to making such applications.

For further advice and assistance with naturalisation applications, or any other immigration matters, please contact our immigration team by emailing Robert Sookias at RobertSookias@cartercamerons.com.