On 10 February 2025, changes were made to the Good Character requirement guidance for applications for British citizenship. Good character is a requirement for naturalisation and for many types of application for registration as a British citizen. The policy changes prevent people from obtaining British citizenship if they entered the UK illegally. The amendments were not anticipated and came in with immediate effect for all applications made on or after 10 February 2025, irrespective of when the individual entered the UK.
The guidance now states:
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- “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. …
- 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.”
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It is expected that the change will affect many people, particularly refugees who may have entered illegally when fleeing their country of origin. Previous Good Character guidance instructed caseworkers to consider Article 31 of the Refugee Convention when assessing whether to refuse an application on the basis that a person had entered illegally in the previous 10 years. Article 31 provides that States “shall not impose penalties, on account of their illegal entry or presence, on refugees who, coming directly from a territory where their life or freedom was threatened … , enter or are present in their territory without authorization, provided they present themselves without delay to the authorities and show good cause for their illegal entry or presence”.
Concerns about various aspects of the new policy have been raised since its introduction in February, particularly the impact on those who entered the UK as children. On 31 March 2025, Baroness Lister of Burtersett, received a written answer (HL 5846) to a question regarding the application of the policy to children. This states:
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- “When assessing good character, it is normally appropriate to disregard immigration breaches if it is accepted this was outside of the applicant’s control. Given illegal entry is normally considered outside a child’s control, most children would not be held accountable for their immigration breach. The 10 February 2025 amendments to the good character policy did not alter this position.”
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While some comfort, the written answer leaves open the possibility that a person could still be held accountable for an illegal entry as a child.
If you are concerned about how the policy might affect you and would like advice and assistance with making either a naturalisation or registration application, we would be happy to help. Please contact us on 020 7401 6887 or by email at contact@gryklaw.com.
