The Home Office has revised its nationality caseworker guidance following the Illegal Migration Act 2023 (Amendment) Regulations 2024, annulling the previous British citizenship ban. This ban prevented individuals who had met certain criteria related to illegal entry from ever obtaining British citizenship.
It was introduced by the Conservative government in 2023 and meant that those who entered the UK illegally after 7th March 2023 were prevented from naturalising as British citizens. Even if an individual’s asylum claim was accepted and they were granted refugee status, they would also be included in the ban.
The amended guidance now reflects that this prohibition is no longer in force. While it remains unclear if any applications for naturalisation or registration were refused due to the ban, affected individuals will need personalized advice to navigate their next steps.
Our thoughts
To summarise, the removal of the citizenship ban is a significant move towards rectifying an overly punitive measure that could have lifelong consequences for individuals. This update is a welcome change, promoting a more just and humane approach to citizenship. However, the lack of clarity on whether any applications were refused under the old guidance means that individuals potentially impacted by the previous ban will need tailored legal advice, which could delay their citizenship process.
Contact us today for more information about the Illegal Migration Act 2023 (Amendment) Regulations 2024.
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