Friday 14 February 2025

Concerning amendments have been made to the good character guidance pertaining to applications for British citizenship, effective 10 February 2025.

Page 50 of the Nationality: good character requirement guidance has been amended to state that:

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.

Any person applying for citizenship before 10 February 2025 where illegal entry is a factor, will continue to have their application reviewed to determine whether that immigration breach should be disregarded for the purpose of the character assessment.

The following has also been added to page 51:

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.

While the Home Office has sought to articulate these amendments as clarifications, the consequences will create devastating change for a very significant group of vulnerable people who have sought refuge in the UK, especially those who are stateless.

Placing blanket statements in the guidance impacting any individual coming to the UK illegally with little regard for how and why their entry into the UK was through illegitimate means is unnecessarily harsh. Many refugees leave their countries not knowing where their final destinations will be, often engaging agents that plan and alter their journey. They have very limited control over what countries they pass through and what country they finally end up in and will unlikely be aware that in the UK there would be a risk that they may never be able to obtain British citizenship.

This amendment makes it so that refugees’ long term position is decided the moment they step foot on UK soil. This is demonstrably an unjustifiably harsh consequence for individuals who are almost always the most vulnerable and have travelled to the UK as a result of the most exceptional circumstances.

Guidance states that applications will ‘normally’ be refused so it is clear that there is discretion available to grant applications for those that entered illegally. However, with the application fee currently being £1,630 for naturalisation applications people will naturally be wary about risking their money on an application that the Home Office has openly stated will most likely be refused.

Refugees require stability after going through unimaginable hardships in search for safety and security that are basic human rights. A permanent ban on their ability to secure citizenship will not deter individuals from coming to the UK. Those who have no other options will continue to flee countries at war and/or where they are subject oppression as the choice they are faced to make is between a familiar lack of safety in their home country or the unknown prospect of another life in a safe country.

The UK Government and consequently the Home Office has a responsibility to those seeking refuge in the UK. If their stance is to permanently block refugees from obtaining British nationality then this will be contributing to a permanent societal division, preventing those who arrive in the UK through illegitimate means from securing citizenship and ultimately from fully integrating into the country.

Get in touch

To learn more about upcoming changes to UK immigration and nationality law, please refer to our website, contact your assigned LDI lawyer or email enquiries@lauradevine.com.