1. Overview: What Is the Good Character Requirement?
The Good Character requirement, established under Schedule 1 of the British Nationality Act 1981, applies to all applicants aged 10 or above applying for British citizenship via naturalisation or registration. The law doesn’t define “good character”—instead, the Home Office uses detailed policy guidance to assess whether an applicant meets this discretionary threshold.
Effective after 10 February 2025, the Home Office issued a stricter version of the Good Character Guidance (version 6.0, published 11 February 2025). A major change: applicants who previously entered the UK illegally will normally be refused, regardless of how long ago that entry occurred.
2. Key Change: Zero Tolerance on Illegal Entry
– Any applicant applying on or after 10 February 2025 who entered the UK illegally is now normally refused British citizenship, regardless of the time elapsed.
– The policy also covers those who arrived without valid entry clearance or electronic travel authorisation, including those who made a dangerous journey—such as by small boat or hidden in a vehicle.
– These changes eliminate the earlier threshold that considered illegal entry older than 10 years as potentially disregarded; now, no illegal entry is acceptable under the Good Character requirement if the application is made from 10 February 2025 onward.
3. What About Applications Submitted Before 10 February 2025?
Applications submitted before 10 February 2025 are assessed under the previous guidance, which allowed for discretion:
– Illegal entry might be disregarded if it occurred more than 10 years before the application or if mitigating circumstances applied (such as trafficking or being outside one’s control).
– Assessment was more flexible and considered individual circumstances, such as being a victim of trafficking or modern slavery.
4. Mitigations & Exceptional Circumstances
Despite the restrictive rule, the guidance allows for case‑by‑case discretion in exceptional situations:
– If illegal entry occurred under circumstances outside the applicant’s control—for example, trafficked individuals or victims of modern slavery—immigration breaches may be disregarded, and exceptional grants of citizenship may still be considered.
– Parliament’s briefing emphasizes that in some cases—especially involving children or those trafficked into the UK—the Good Character requirement should be assessed sensitively with discretion.
5. Wider Implications and Controversy
These changes have sparked significant opposition:
– Advocacy groups and MPs argue the policies effectively bar refugees who arrived via irregular means from ever obtaining citizenship—creating a “permanent second‑class” status.
Human rights supporters maintain that these rules conflict with the 1951 Refugee Convention, which discourages penalising asylum seekers for entering a country without authorisation. Critics label the changes as “cruel and misjudged”.
6. Other Good Character Considerations (Still Applicable)
Beyond illegal entry, other standard features of the Good Character assessment remain in force:
– Criminal history (convictions, cautions, warnings) including overseas offences
– Immigration compliance (overstaying, working illegally)
– Financial soundness (unpaid taxes, bankruptcy)
– Honesty and integrity (accurate disclosures, no deception)
– Associations with terrorism or non-conducive activities.
Offences like cautions, community dispositions, or non-custodial sentences are more likely to affect the outcome if recent or repeated; discretion is applied based on balance of probabilities and mitigating factors.
7. Summary Table
|
Aspect |
Pre‑10 Feb 2025 Policy |
Post‑10 Feb 2025 Policy |
|
Illegal entry (anytime) |
Possibly disregarded if older than 10 years or under exceptional circumstances |
Normally refused, regardless of when or why illegal entry occurred |
|
Dangerous journeys (e.g. small boat) |
Considered under previous discretion |
Normally refused, though some discretion possible in exceptional cases |
|
Trafficked / victims of modern slavery |
May be considered for exceptional grant |
May still potentially qualify under discretion |
|
Standard Good Character factors |
Criminality, finance, immigration, honesty, terrorism, etc.—balanced judgment applied |
Still applicable; decision based on full applicant profile |
Conclusion
Since 10 February 2025, the Home Office significantly tightened the Good Character requirement for British citizenship. Now, applicants with a history of illegal entry—or who arrived via dangerous routes—will normally be refused, regardless of any time elapsed. However, there may still be limited discretion in cases involving trafficking, modern slavery, or other mitigating circumstances, especially for children.
If your circumstances involve complex immigration history or you’re unsure whether an exception might apply, it’s strongly advisable to seek specialist legal advice. The rules are evolving, but as of now, the Home Office guidance is firm on the illegal‑entry exclusion.
