By: Tiffany Carpenter
For all applicants over the age of 10, having good character is a key requirement of British citizenship or registration. This is a long-standing requirement, however, Home Office good character policy has recently been updated and now, anyone who applies for British citizenship on or after 10 February 2025 will “normally” be refused if they ever entered the UK illegally – regardless of how long ago this happened.
The Home Office policy dated 11 February 2025 states,
“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.”
Another entry with the same wording was made for those who made “a dangerous journey” without “required valid entry clearance or electronic travel authorisation.” Dangerous journeys refer to travelling by a small boat or concealed in a vehicle. However, it doesn’t include being a passenger in a commercial airline.
While the guidance says an application will “normally” be refused, the decision maker can still use their discretion and potentially make a positive decision – even if someone entered illegally. A Home Office minister stated publicly that discretion can be exercised if the applicant provides “a range of circumstances which are exceptional, compelling and mitigating.”
If you applied before 10 February 2025, the new policy won’t be applicable. Instead, your application should be considered under the previous guidance, which states that if you entered illegally during the past 10 years, you’ll normally be refused.
The policy change was likely made due to the high number of people crossing the English Channel in small boats and claiming asylum upon arrival. According to the BBC, almost 37,000 people crossed the English Channel in small boats in 2024. The Nationality and Borders Act 2022 makes it a criminal offence to enter the UK illegally, and a Court of Appeal ruling in February 2023 confirmed that Article 31 of the United Nations 1951 Refugee Convention – which requires signatory states not to penalise refugees who enter a country illegally – does not defend against the crime of unlawful arrival. That means people seeking asylum are not exempt from prosecution.
While asylum seekers will certainly be significantly impacted by this change, currently anyone who ever entered the UK illegally will be affected. For example, this would include someone who entered clandestinely and then regularised their immigration status, e.g. on the basis that they are parent to a British national child.
British citizenship confers special benefits, for example, the right to vote and the right to a British passport. Equally importantly, it can provide a sense of belonging. Without the ability to obtain citizenship, individuals may face barriers to full integration and participation in civic life.
Many groups are opposed to the change. More than 147 people from Refugee Council, Freedom from Torture, Care4Calais, and other organisations, have signed an open letter calling on the Home Secretary to change her policy, in a recent article by the BBC. This includes 9 Church of England bishops and other faith leader such as rabbis. The letter expresses concerns that this change will create a type of second-class individual – someone who can never become British no matter how long they’ve lived in the UK. The change, they argue, will foster division and marginalise vulnerable communities. The letter argues that “when refugees become citizens, they feel a greater sense of belonging as full members of their communities with a stable future for themselves, their children and generations to come.”
According to the Guardian, a legal challenge has already been lodged, with a pre-action protocol letter regarding a 21-year-old Afghan refugee who arrived in the UK clandestinely age 14 who is now ineligible for citizenship under the new policy.
In conclusion, the government is increasingly imposing more restrictions on naturalising as a British citizen. The application fee is also expensive and non-refundable.
Even if you have never entered the UK illegally, there are still strict requirements on good character, referees and other aspects of the application. Therefore, we highly recommend obtaining legal advice before seeking British citizenship. If you would like to discuss your situation with us, please contact our specialist immigration team at 020 8995 3556 today.