Good Character Steerage for British Citizenship: 2025 Updates

By Ellen O’Neill –
Pupil Immigration Barrister

11 Aug 2025

1. Understanding the Dwelling Workplace’s New Good Character Steerage

The Dwelling Workplace’s new good character steerage for British citizenship purposes (‘the brand new steerage’) has been controversial since its publication in February 2025, and broadly perceived as a ban on citizenship for refugees. It has additionally been the topic of quite a few authorized challenges, however regardless of these, the main points with the coverage stay unaddressed. Though the Dwelling Workplace dedicated to creating adjustments to the coverage quite a few months in the past, the timeline and scope of those stays unknown. 

On this article, we’ll clarify the adjustments to the steerage and the way they impression folks making use of for British citizenship now. We will even discover the explanations the coverage has been challenged and the adjustments that needs to be made.

Because it stands, the place in relation to the brand new steerage is, in brief, basically unclear. British citizenship purposes are already pricey and will be advanced. In case you are contemplating making use of for British citizenship however have considerations round potential character points, chances are you’ll want to search authorized recommendation earlier than making use of. 

2. The Good Character Requirement in Regulation

Most candidates for British citizenship (who’re aged over 10 years outdated) are required to fulfill a requirement to be of ‘good character’ which is contained within the British Nationality Act 1981 (BNA 1981). This text will give attention to purposes to naturalise, however this requirement additionally applies to purposes to register as a British citizen. 

The related sections of the BNA 1981 Part 6(1-2) states that if somebody meets the necessities, the Secretary of State “could” grant naturalisation “if he thinks match”. This language makes it clear that that is discretionary – the Dwelling Workplace sees British citizenship by naturalisation as a privilege slightly than a proper.  

3. Dwelling Workplace Standards for Good Character in Citizenship Purposes

There isn’t a statutory definition of excellent character for immigration functions. As an alternative, the brand new steerage signifies that every software is to be thought-about on an ‘particular person foundation’:

• Consideration should be given to all elements of an individual’s character, together with each unfavorable components, for instance criminality, immigration legislation breaches and deception, and constructive components, for instance contributions an individual has made to society. The record of things isn’t exhaustive. 
• Every software should be rigorously thought-about on a person foundation by itself deserves. You should be happy that an applicant is of excellent character on the. [sic]” (p.9)

In earlier variations of the steerage the ultimate phrase was accomplished by “the stability of possibilities” and it’s possible that this phrase was unintentionally omitted. Which means that an applicant should present that it’s extra probably than not that they’re of excellent character.

An individual won’t usually be thought-about to be of excellent character if there may be info to recommend that any of the next apply: 

• criminality: in the event that they haven’t revered or will not be ready to abide by the legislation – for instance, they’ve been convicted of a criminal offense or there are cheap grounds to suspect, that means it’s extra probably than not, they’ve been concerned in crime; 
• worldwide crimes, terrorism and different non-conducive exercise: if they’ve been concerned in or related to battle crimes, crimes towards humanity or genocide, terrorism, or different actions which can be thought-about to not be conducive to the general public good;
• monetary soundness: if their monetary affairs haven’t been in acceptable order – for instance, they’ve did not pay taxes for which they had been liable or have accrued important debt; 
• notoriety: if their actions have been infamous and solid severe doubt on their standing in the area people. An individual doesn’t have to have been convicted of a felony offence to be infamous, however the scale and stage of behaviour should replicate so poorly on their character that it could not be acceptable to grant them British citizenship;
• deception and dishonesty: if they’ve been intentionally dishonest or misleading of their dealings with the UK authorities, for instance they’ve made false claims with a purpose to receive advantages;
• immigration-related issues: if they’ve breached immigration legal guidelines, for instance by overstaying, working in breach of circumstances or helping within the evasion of immigration management;
• deprivation: if an individual has beforehand been disadvantaged of British citizenship on grounds of fraud, false illustration or the concealment of fabric truth, any new purposes made inside 10 years of the deprivation order will usually be refused. If the grounds had been that deprivation was conducive to the general public good, any recent software will usually be refused irrespective of how lengthy for the reason that order. 

Please notice that the above is a abstract and there may be extra detailed consideration of every within the good character steerage itself. 

4. How Good Character Was Assessed Underneath the Earlier Steerage

Within the outdated steerage, many of the points (with some exceptions) above could be discounted from consideration if 10 years have handed since both the incident or its discovery. People who utilized for citizenship earlier than 10 February 2025 are unaffected by the brand new steerage – for them the place stays the identical as in earlier steerage. In the event that they entered illegally greater than ten years in the past, this needs to be discounted when contemplating their character. In the event that they entered illegally up to now ten years, they may usually be refused, until they’ve a defence beneath part 31(1) of the Immigration and Asylum Act 1999 (“the 1999 Act”). This defence requires displaying that, having come to the UK immediately from a rustic the place their life or freedom was threatened (throughout the that means of the Refugee Conference), they introduced themselves to the authorities in the UK directly; confirmed good trigger for his or her unlawful entry or presence; and made a declare for asylum as quickly as was fairly practicable after their arrival in the UK.

The outdated steerage additionally had particular exceptions for kids. These stay within the new steerage, however it’s unclear whether or not they’re overridden by the brand new steerage on unlawful entry. For youngsters beneath 10, good character isn’t thought-about. For youngsters over 10, the steerage states at web page 49:

• It would usually be acceptable to ignore immigration breaches whether it is accepted this was outdoors of their management. For instance, the place a mother or father utilized for the kid to come back to the UK as their dependant however failed to use for an extension of go away when the kid’s short-term go away expired, the kid shouldn’t be penalised.

5. Understanding the New Guidelines on Good Character for British Residents

The first change within the new steerage was the addition of the next new materials at web page 50, which was questionably described as a ‘clarification’ slightly than a change: 

Unlawful Entry 

Any particular person making use of for citizenship from 10 February 2025, who beforehand entered the UK illegally will usually be refused, whatever the time that has handed for the reason that unlawful entry befell. 

Any particular person making use of for citizenship earlier than 10 February 2025 the place unlawful entry is an element, will proceed to have their software reviewed to find out whether or not that immigration breach needs to be disregarded for the aim of the character evaluation.

It continues:

Relating to arrival with no required legitimate entry clearance or digital journey authorisation, having made a harmful journey
An individual who applies for citizenship from 10 February 2025 who has beforehand arrived with no required legitimate entry clearance or digital journey authorisation, having made a harmful journey will usually be refused citizenship. A harmful journey consists of, however isn’t restricted to, travelling by small boat or hid in a car or different conveyance. It doesn’t embody, for instance, arrival as a passenger with a business airline.

What precisely this implies in follow is unclear. It seems that the default place is that new candidates who entered illegally might be refused. The steerage does check with exceptions and the opportunity of discretion, which we  will go on to debate, however these are additionally obscure and it’s tough to foretell how they are going to be utilized. This vagueness makes it tough for a person to know whether or not their software is probably going to achieve success, and, coupled with the excessive and non-refundable software charges, the brand new steerage discourages individuals who had beforehand entered illegally from ever making use of for citizenship, nevertheless exemplary their character may need been since arrival. Of all the adjustments, that is the aspect that the majority clearly would profit from clarification. 

Keep in mind that an software for naturalisation at the moment prices £1630 per grownup (and the charges rise steadily). If refused, there isn’t any automated proper of attraction. The cures obtainable are reconsideration, which prices £450 (refundable if profitable) and/or Judicial Evaluation, a fancy process which requires authorized recommendation and may probably price hundreds of kilos. If an software is refused, the charges won’t be refunded. Many candidates might be postpone from risking the excessive software charges on the possibility that their circumstances might be thought-about sufficiently mitigating.

The steerage does enable for “distinctive grants” of citizenship the place there are “mitigating circumstances which might imply it could be acceptable to grant”, and provides the next instance in relation to unlawful entry: 

• An individual who entered illegally 14 years in the past would usually require refusal of citizenship as an unlawful entrant however has been recognised as a sufferer of trafficking and subsequently granted refugee standing. They haven’t acquired some other notable antagonistic character points throughout their residency, indicative that on a stability of possibilities they’re now of excellent character (web page 58).

Nevertheless, this instance does probably not make clear the state of affairs adequately. Usefully, it does verify that the stability of possibilities check – ‘extra probably than not’ – remains to be relevant to good character assessments, indicating that refusal shouldn’t be obligatory. It’s unclear how a lot weight is being afforded to totally different mitigating components, reminiscent of: the time for the reason that applicant’s entry; the applicant’s refugee standing (which many candidates who entered illegally could have been granted); or their standing as a recognised sufferer of trafficking (which is rarer). The Dwelling Workplace have additionally clarified, in response to a pre-action letter, that having a defence beneath s31 of the 1999 Act might be a “related issue” for decision-makers – however once more, how a lot weight applies to that is unclear, and there may be all the time an opportunity {that a} caseworker will merely decide to not train their discretion for this explicit applicant.

Given the sturdy correlation between arriving within the UK by a ‘harmful journey’ and subsequently claiming asylum, the coverage is clearly directed at asylum seekers and locations many such people in an not possible place. Since for a lot of nationalities there merely aren’t any protected and authorized routes to enter the UK, a person wishing to say asylum within the UK must select between coming into illegally and risking a nasty character discovering, or mendacity when making a visa software and risking a nasty character discovering for deception. This coverage subsequently does quantity to one thing near a blanket ban on citizenship for refugees.  

6. Excellent Issues and Requires Reform

Following a authorized problem, the Dwelling Workplace dedicated to amending the coverage by the tip of Might to make clear the place in relation to a s31 defence. On the time of writing in early July 2025, the coverage has not been amended and the timeline for any such amendments is part 31 defences, or whether or not they may go additional. 

The problems with the brand new good character steerage run deeper than poor drafting, putting on the coronary heart of neighborhood cohesion and the suitable to belong. A refugee making use of for British citizenship will usually have spent a minimal of six years within the UK – typically for much longer – and have built-in sufficiently into the neighborhood to fulfill the citizenship necessities (reminiscent of having referees of appropriate skilled standing, talking English to a ample stage, having the cash to pay the steep software charges). They’re additionally considerably extra prone to be weak than the final inhabitants, not least because of the harmful journeys they might have taken to hunt security right here.

Whereas folks affected by the brand new coverage are nonetheless in a position to receive indefinite go away to stay (ILR) and settle within the UK,  indefinite go away to stay isn’t hereditary and is way simpler to lose than citizenship. Virtually talking, the brand new good character steerage denies complete social and political belonging and participation to individuals who could have lived most of their lives within the UK. Clarification is badly wanted, however its points can’t be resolved via rephrasing alone  – the unlawful entry/harmful journey exceptions needs to be faraway from the steerage.

For now, candidates with potential character points could be suggested to hunt authorized recommendation earlier than making use of for British citizenship.  We await developments and can present an replace as these emerge. 

The great character requirement stays a fancy and sometimes unsure facet of British citizenship purposes, significantly in mild of the current adjustments and ongoing authorized challenges. If in case you have considerations about how these insurance policies may have an effect on your software, it’s essential to hunt skilled authorized recommendation tailor-made to your particular person circumstances. 

Our specialist immigration barristers can present steerage. Contact us on 0203 617 9173 or by way of the enquiry type under.

8. Steadily Requested Questions