New Home Office policy seeks to bar refugees from British citizenship

Legal Updates

This blog was first published on 11 February 2025 and then updated on 15 April 2025 to include more information on what these changes mean.

There have been changes to the ‘Good Character’ policy guidance used by Home Office caseworkers who assess applications for British citizenship. These changes are likely to have a significant negative impact upon people with refugee status who apply for British citizenship after 10 February 2025

The Good Character guidance explains the rules that Home Office staff use to assess whether someone applying for British citizenship (sometimes referred to as ‘naturalisation’) has met the ‘good character requirement’. This means that they do not have a history of behaviour resulting in things like criminal convictions, immigration breaches, etc. There is no definition of ‘good character’ in legislation, and instead the Home Office produces policy guidance documents to explain what this means..

The Home Office made additions to pages 50-51 of the guidance, which, as pointed out by Free Movement, were published as ‘clarifications’ rather than changes. These additions are to be applied to applications for citizenship made after 10 February 2025.  

The changes are as follows: 

Regarding ‘illegal’ entry

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. (page 50)

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. (page 50)

Regarding arrival without a required valid entry clearance or electronic travel authorisation, having made a dangerous journey

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. (page 51) 

What do these changes mean?

These changes affect people who apply for British citizenship after 10 February 2025, if they arrived in the UK without entry clearance, or if they made a ‘dangerous’ journey, no matter how long they have lived in the UK. The guidance explains that a ‘dangerous’ journey means travel by boat or in a lorry, but does not include travel on a commercial airline.

It is important to highlight that the wording of the guidance is that applications by these individuals will normally be refused. This means that the Home Secretary still has discretion (this means the power) to grant citizenship to certain individuals in certain cases. However, there is a risk that applications will be refused, and in that case the application fee of £1,630 will not be refunded.

What if you entered the UK as a child?

This question was put to Baroness Lister in Parliament. You can read the written answer to the question here. In the answer, Baroness Lister confirms that a breach of immigration law will normally be disregarded if the breach was outside the person’s control, and that ‘illegal entry’ should be considered to be outside a child’s control. 

This means if you can show that illegal entry or another breach of immigration law was outside your control, because you were a child at the time, or perhaps because you were trafficked, you might be able to apply for citizenship as before.

What happens next?

Organisations are preparing legal challenges to this guidance, and the way it has been implemented, such as this challenge by Wilson’s Solicitors.

We know that this information will cause worry in our communities, and we continue to stand in solidarity with you. 

As and when we learn more, we will update you. 


Discussion:

6 comments on “New Home Office policy seeks to bar refugees from British citizenship

  1. Erfan on

    It has been mentioned ‘It does not include, for example, arrival as a passenger with a commercial airline’

    My question is what if the refugee has arrived in the UK by plane but did not have entry clearance? Is that considered a dangerous journey? Will his application be refused?

    Please answer if possible
    Thank you

    Reply
  2. Ayman Khalil on

    I am writing to express my deep concern regarding the recent amendment made by the Labour Party to the citizenship process, particularly the classification of illegal entry into Britain as a “bad character” trait. While I fully support the principle that applicants for British citizenship should have a good reputation, I believe that this amendment fails to consider the dire circumstances that force many individuals to flee their home countries.

    There are people who have had no choice but to escape war and persecution, facing the impossible decision between certain death in their homeland and the dangerous journey to safety. Labeling these individuals as having a “bad character” disregards their suffering and the lack of legal pathways available to them. Furthermore, applying this amendment retroactively—potentially leading to imprisonment—violates basic human rights. Had such a policy existed earlier, many would have been able to make an informed choice about seeking refuge in Britain.

    I strongly believe that this amendment serves as a political tool, aimed at countering the rise of far-right rhetoric rather than addressing immigration issues fairly and humanely. If this policy is to be implemented, it should take effect from its date of enforcement, not be applied retroactively to those who entered Britain under different circumstances. Moreover, if an individual accepts that they will not have the right to apply for citizenship in the future, they should at least be allowed to live in security and safety, rather than in what would essentially be an open prison.

    I would greatly appreciate your thoughts on this matter and urge you to take action if you share these concerns. I look forward to your response.

    Reply
    • Meaza kahsay on

      Ayman Khalil thank you for your special comment .

      We are not lucky in this world we passed dangerous journey to protect our lives and now the same .

      I arrived uk 2010 when I arrived I get refugee after 2 month from that time I am working hard I never stop from work. I caver all my bill and I look after myself and my children.
      I bought 2 house from auction this means houses who left owners by different reasons old and damaged houses I spend time at work 40hr 50hr 60hr night shift a week after short time sleep I doing house repairs all my focus how can I settle I didn’t have time to apply to citizenship when I heard this news I feel heart attack
      I could appealed after6 years when I get
      Indefinite leave to remain but I never thought about this changes .
      My family have citizenship I am a mother of three children and 5 grandchildren I am 52 years old 15 years in uk still I working hard I follow rules and law.
      I don’t know why this decision for me and people how have the same mine.
      I hope the government to review again.
      Thank you again and again for your comment

      Reply
    • RtR on

      Thank you for sharing your concerns regarding the recent amendment to the citizenship process. We at Right to Remain deeply appreciate your thoughtful and compassionate perspective on this issue. Labelling individuals who entered the UK through irregular routes as having “bad character” is deeply troubling.

      We will continue to advocate for a world in which everyone can exercise their right to remain with dignity and humanity, where they need to be. Thank you again for your comments on this important issue.

      Reply
  3. Slave on

    I came to the UK at the age of sixteen because of the danger to my life in my own country and now that I have to apply for citizenship , this law has made me very depressed to the point that I cannot continue working. I feel enslaved, meaning that as long as I am in this country I have to live as a second-class asylum seeker and I have no right to a comfortable life ۔If this law really doesn’t change, it will be very bad in life, and being a second-class citizen is no different from slavery.

    Reply
  4. Anas on

    Someone should challenge this new citizenship law in court on basis of retrospective principle of law making and also its discriminative affect.

    Reply

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