With changes to the ‘good character’ policy for citizenship applications having just come into force, we consider what these will mean in practice for those with refugee leave.

The ‘Nationality: good character’ policy was updated on 10 February 2025. The changes potentially preclude many refugees from obtaining British citizenship, notwithstanding they may have lived in the UK lawfully for many years and have been recognised as being in need of international protection. Individuals who have sought safety and subsequently settled in the UK and who have managed to rebuild their lives, should be permitted to obtain citizenship.

In Parliament on 12 February 2025 during PMQs, Conservative leader Kemi Badenoch stated that there should be a harder line for an individual to obtain British citizenship, no matter the route via which they entered the UK. Such an approach would represent a significant change in UK nationality law and we believe is a most unwelcome change.

Whilst the UK government continues to condemn those who have had no choice but to enter the UK, having made a dangerous journey, we again urge the government to open safe routes for those fleeing persecution.

What are the changes to the ‘good character’ policy?

Currently those who have completed five years’ refugee leave can currently apply for indefinite leave to remain (settlement in the UK), which they need to hold for a minimum of one year before being eligible to apply for British citizenship (providing all other requirements are met).

In British citizenship applications, adults and children over the age of 10 must meet the ‘good character’ requirement, but this is not defined by law. This requirement typically relates to criminal convictions, civil penalties, NHS debts over £500, Home Office litigation and breaches of immigration law, including ‘illegal entry’.

Previous guidance stipulated that any illegal entry which was more than 10 years ago would not be a ground for refusal. Guidance also stated that the circumstances of the illegal entry would need to be considered, for example if the individual was trafficked to the UK. All applications submitted before 10 February 2025 will continue to be assessed in this way:

• “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.”

• “Where you are not disregarding immigration breaches relating to lawful residence, if a person has previously entered the UK illegally, it will normally be appropriate to refuse the application for citizenship if the illegal entry is confirmed as having occurred during the preceding 10 years. If the date of entry cannot be confirmed, or if the person subsequently goes to ground, or absconds, the period of 10 years starts from the date on which the person last brought themselves to or came to the attention of the Home Office.”

However, the good character guidance was updated on 10 February and came into effect immediately. It now states 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.”

The guidance goes on to say:

• “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.”

This updated policy guidance is concerning and we invite the government to review and revert to the previous version of the policy to allow individuals affected by this change to obtain British citizenship.