Recent changes in UK immigration policy have significantly tightened the path to British nationality for individuals who have previously entered the UK illegally or arrived via irregular routes. These changes came into effect on February 10, 2025, through updates to the Home Office’s “Good Character” guidance for citizenship applications.
Here’s a summary of the key changes:
“Illegal Entry” as a Bar to Citizenship
- Normal Refusal: From February 10, 2025, any person applying for British citizenship who previously entered the UK illegally will normally be refused, regardless of the time that has passed since the illegal entry.
- Previous Rule: Prior to this change, an illegal entry that occurred more than 10 years ago would generally not be a ground for refusal, and the specific circumstances of the entry (e.g., if the individual was trafficked) would be considered.
- Definition of “Illegal Entry”: This includes entering the UK in breach of immigration laws, such as without a required valid entry clearance or electronic travel authorization, or through deception.
“Dangerous Journeys” as a Bar to Citizenship
- Normal Refusal: Similarly, individuals who applied for citizenship from February 10, 2025, and who previously arrived in the UK having made a “dangerous journey” will normally be refused citizenship.
- Definition of “Dangerous Journey”: This includes travel by small boat or being hidden in a lorry. It explicitly does not include arriving as a passenger on a commercial airline.
Discretionary Power (but “normally” refused)
- The guidance states that the Home Secretary still retains discretion to grant citizenship in certain exceptional circumstances, even if the “illegal entry” or “dangerous journey” criteria apply. However, the wording emphasizes that such applications will “normally” be refused. The specifics of how this discretion will be applied are not yet fully clear, and many fear that most applications falling under these criteria will be rejected.
Impact on Refugees
- These changes will particularly impact many individuals who have been granted refugee status in the UK but who initially arrived via irregular routes due to the lack of safe and legal pathways to claim asylum. Despite having lived lawfully in the UK for many years and being recognized as needing international protection, their past mode of entry can now prevent them from obtaining British citizenship.
- It’s important to note that these changes do not directly impact asylum applications or applications for Indefinite Leave to Remain (settlement) once refugee status has been granted. Refugees can still apply for settlement after 5 years, but the path to full citizenship has been significantly hindered.
Broader Context and Implications
- “Good Character” Requirement: British nationality law requires applicants for citizenship to be of “good character.” The Home Office’s updated guidance broadens the interpretation of what constitutes a “lack of good character” to include the mode of initial entry, even if it occurred many years ago and even if the person subsequently regularized their status and built a life in the UK.
- Legal Challenges: Human rights and immigration organizations are preparing and launching legal challenges to this new guidance, arguing that it is unfair, discriminatory, and potentially violates human rights.
- Public Debate: These changes are part of a broader government strategy to deter irregular migration and “take back control” of borders, but they have also generated significant controversy and concern from various groups who argue that they create a “second-class” status for many individuals who have contributed to UK society.
- No General Amnesty: It’s important to reiterate that the UK has not introduced a general amnesty for unauthorized migrants. While there have been historical programs to regularize certain groups, the general policy trend is towards stricter enforcement.
Pathways to Regularization (Still Exist, but distinct from citizenship)
For individuals without legal status in the UK, pathways to regularizing their status (i.e., getting leave to remain, which is a step before potential settlement and then citizenship) still exist, but they are generally limited and complex:
- Long Residence: For those who have lived in the UK for a continuous period of 20 years (including periods of unlawful residence).
- Family or Private Life: Based on strong family ties (e.g., with a British child or partner) or a significant private life established in the UK.
- 7-Year Child Rule: If a child has lived in the UK for 7 years and it would be unreasonable for them to leave.
- Asylum/Humanitarian Protection: For those who fear persecution or serious harm in their home country.
- Victims of Modern Slavery/Trafficking: Specific routes exist for recognized victims.