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By Angel Wan

 

Without prior announcement, the Home Office has updated its guidance on the good character requirement for nationality applications submitted from 10 February 2025 onwards. Under the new guidance, individuals who entered the United Kingdom illegally will generally be refused British citizenship.

 

This applies to anyone who made a “dangerous journey” – arriving in the United Kingdom without a valid visa or Electronic Travel Authorisation (ETA), regardless of when the illegal entry occurred.

 

This marks a significant departure from the previous guidance, where a citizenship application would only generally be refused if the illegal entry occurred within the past ten years.

 

The term ‘dangerous journey’ includes arrivals via small boats, concealment in vehicles, or other conveyance methods, explicitly excluding those who arrived on commercial airlines. Crucially, this policy extends to individuals who have been granted refugee status.

 

Exceptions to this rule appear to be extremely limited. The Home Office has provided only one example in its guidance concerning refugees:

 

A person who entered illegally 14 years ago would normally require refusal of citizenship as an illegal entrant but has been recognised as a victim of trafficking and subsequently granted refugee status. They haven’t acquired any other notable adverse character issues during their residency, indicative that on a balance of probabilities they are now of good character

 

Nationality policy – good character.docx (p.56)

 

Final thoughts

 

Given the high cost of naturalisation applications and the inability to appeal against a refusal, this policy change is likely to deter a significant number of refugees from applying for British citizenship.

 

Finally, it is important to note that even nationality applications submitted before the 10 February 2025 deadline but still awaiting a decision will be reviewed under this new framework. The Home Office will assess whether illegal entry should be considered when determining an applicant’s good character.

 

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author avatar
Sumit Singh

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