Naturalisation as a British Citizen is a significant milestone for many individuals, a critical criteria of the application is the good character requirement which assesses an applicant’s conduct.
It includes a review of individual’s past behavior, criminal history, immigration history and overall conduct.
Changes to the UK’s good character requirement for naturalisation after the Home Office’s controversial decision to change the guidance has received a lot of attention.
What are the changes?
British Citizenship Illegal entrants updated Good Character Guidance
The new rules state:
“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.”
Specifically impacting those with prior illegal entry mean that applications made after February 10, 2025, where illegal entry is a factor, will generally be refused.
This applies regardless of when the illegal entry occurred.
Additionally, applications from individuals who arrived in the UK via a dangerous journey without valid entry clearance or an electronic travel authorization will also generally be refused.
This change currently affect Refugees despite the UK being signatory to international law treaties, such as the 1951 UN Refugee Convention, which state that asylum seekers and refugees should not be penalised for illegal entry.
At Stay UK we are monitoring the change, to see if the guidance will be reversed.
British Citizenship Criminality updated Good Character Guidance
Having a criminal record does not mean that an application will be refused. The updated guidance reads:
A person will normally be refused if they:
• have received a custodial sentence of at least 12 months in the UK or overseas
• have consecutive sentences totalling at least 12 months in the UK or overseas
• are a persistent offender who shows a particular disregard for the law
• have committed an offence which has caused serious harm
• have committed a sexual offence or their details are recorded by the police on a register
A person must be refused if they have:
• a custodial sentence of less than 12 months
• a non-custodial sentence or out-of-court disposal recorded on their criminal record and you are not satisfied, on the balance of probabilities, that they are of good character.
Before 31 July 2023 for non-custodial sentence if the person was not convicted within the past 3 years the application would have normally been granted, with the changes the Home Office will make an assessment based on the balance of probabilities even if the conviction occurred over 3 years.
What is the balance of probabilities?
- Length of time since offences;
- Number of offences;
- Period over which offences were committed;
- The seriousness of the offence;
- Any escalation in seriousness of offences;
- Nature of offences;
- Applicant’s age at the date of conviction; and
- Exceptional or other circumstances.
- Other mitigating factors
An applicant may have also been involved in activities that indicate they may be of good character.
For example, they may have,
• engaged with programmes or activities aimed at addressing the cause of the offending, such as (but not limited to) treatments aimed at reduction of alcohol consumption, or drug dependency or anger management courses
• actively engaged with voluntary work, charity work, or actively promoted the reduction of crime
If you enter the UK illegally or have a criminal record and want to apply for naturalisation as a British citizen