Good Character Requirement for British Citizenship Applications

Table Of Contents:

1. What is a good character requirement
2. Factors to Consider for Assessing Good Character Requirements
3. Criminality
4. International Crimes, Terrorism, and Other Non-conductive Activity
5. Financial Soundness
6. Notoriety
7. Deception and Dishonesty
8. Immigration Breaches
9. Final Thoughts

A good character requirement for British citizenship applications is one of the several requirements, but a key one. British citizenship is the culmination point of your immigration status in the UK, unless you are a citizen of the UK by birth. There are various ways to become a British citizen. But if you have been a non-UK national, you start your journey to British citizenship by entering the UK with a valid visa, such as a UK work visa, family visa, student visa, etc. After continuously living in the UK for 5 years (in most cases), you may apply for indefinite leave to remain or settlement. After holding settled status, you may apply for British citizenship. This is known as British citizenship through ‘naturalization.’

What is a good character requirement?

A person, in order to naturalize as a British citizen, must be of good character. The requirement to be of good character is set out in Schedule 1 to the BNA (British Nationality Act 1981). The good character requirement is also required for citizenship by way of registration, and hence it is extended to specific routes to registration as a British citizen under Section 41A of the BNA 1981, as introduced by Section 58 of the Immigration, Asylum and Nationality Act 2006, and new registration routes added in the Nationality and Borders Act 2022.

BNA has not defined good character. However, this does guide the types of conduct based on which a person should be assessed, whether he has satisfied the requirement to be of good character.

Consideration must be given to all aspects, including positive and negative, of a person’s character. For example, positive factors will include contributions a person has made to society, and negative factors will include criminality, immigration law breaches, and deception. The list of factors is not exhaustive.

The Home Office must carefully consider each application on an individual basis on its own merits. They must be satisfied that an applicant meets the good character requirement for British citizenship applications. For this to happen, applicants must answer all questions honestly and in full, as asked of them during the application process. They must also inform the Home Office of any significant event in their life, such as a criminal conviction or a pending prosecution, or any mitigating factors that could impact (positively or negatively) the good character assessment.

Factors to Consider for Assessing Good Character Requirements for British Citizenship Applications

An applicant will not normally be considered to be of good character if they are found involved in criminality, international crimes, terrorism, and other non-conducive activity, financial irregularities, notoriety, deception and dishonesty, or breaching immigration laws in the UK and all other countries they have been in.

1. Criminality

A person with a criminal record does not necessarily mean that their citizenship application will be refused. However, they will not likely be considered to be of good character if they have not shown respect for, or are not prepared to abide by, the law.

The Home Office will normally refuse an applicant if the applicant:

• Has got a custodial sentence of at least 12 months in the UK or overseas
• Has consecutive sentences of at least 12 months in total in the UK or overseas
• Is a persistent offender and shows a particular disregard for the law
• Has committed an offense causing serious harm
• Has committed a sexual offense, or the police have recorded their details on a register

On the other hand, the Home Office must refuse an applicant if:

• They have a custodial sentence of less than 12 months.
• They have a non-custodial sentence or out-of-court disposal, which has been recorded on their criminal record.

And on the balance of probabilities, the Home Office is not satisfied that the applicant meets the good character requirement for British citizenship applications.

Sentence-Based Thresholds for Applications Made before 31 July 2023

Where a decision is outstanding on a British citizenship application made before 31 July 2023, the Home Office will normally refuse the applicant if the applicant has received:

• At least 4 years’ custodial sentence
• A custodial sentence of at least 1 year but less than 4 years, unless 15 years have passed after the end of the sentence
• A custodial sentence of less than 1 year unless a period of 10 years has passed after the end of the sentence
• A non-custodial sentence or out-of-court disposal that took place in the 3 years before the date of the citizenship application and is recorded on their criminal record

2. International Crimes, Terrorism, and Other Non-conductive Activity

applicant poses or has posed a threat to the public or particular sections of society, they will not normally be considered of good character. If their involvement is or has been in the types of activities such as international crimes, serious human rights violations, or terrorism, or their behavior is not conducive to the public good, whether in the UK or elsewhere, the Home Office will normally consider them not meeting the good character requirement for British citizenship applications.

The Home Office may or must refuse a person’s British citizenship application where the applicant will not normally be considered of good character due to:

 They are directly or indirectly involved in or engaged in:

• War crimes,
• Crimes against peace or humanity,
• Genocide,
• Acts contrary to any state’s national security, including terrorism,
• Activities that have or are likely to give rise to a risk to public order, such as rioting, violent disorder, and affray,
• Corruption

 The UK or the UN (United Nations) has imposed sanctions such as travel bans (also known as immigration sanctions), trade sanctions (including arms embargoes and other trade restrictions), financial sanctions (including asset freezes), and transport sanctions (on aircraft and ships) on them.
 Their engagement in unacceptable behavior in the UK or overseas, such as:
 Writing, producing, publishing, or distributing material
 Using a position of responsibility, such as a community or youth leader or teacher, to express views that may incite, glorify, or justify terrorist violence in furtherance of particular beliefs or seek to provoke others to terrorist acts, etc.

3. Financial Soundness

It will normally be considered that an applicant has failed to meet the good character requirement for a British Citizenship Application, and their application may or must be refused if:

• They have done bankruptcy fraud, such as concealment of assets, concealment or destruction of relevant financial documents, false statements or declarations, and fraudulent claims.
• They state that they have been declared bankrupt or their company has gone into liquidation where they have been a director or involved in the management of the company (wholly or partly).
• They have recklessly and deliberately built up debts, and there is clear evidence that they do not seriously intend to pay them off.
• They may be claiming, or have claimed knowingly, public funds they are not entitled to.
• They have failed to pay council tax unreasonably, or they have provided a false statement or statements, including failing to declare their full circumstances, to avoid paying the correct rate.

4. Notoriety

Notoriety means the state of being well-known or famous for some immoral deeds or bad quality. Notorious behavior includes, but is not limited to,

• Expressing their unsavory views on a subject such as religion, race, or sexuality publicly that does not fall within the definition of extremism in the extremism section.
• Persistent antisocial behavior such as excessive noise pollution or public drug use.
• Persistently and deliberately flouting the law.

Where there is evidence that an applicant has, by the scale and persistence of their behavior, made themselves notorious in their local or the wider community, the Home Office must consider refusing the application for not meeting the good character requirement for British citizenship applications.

5. Deception and Dishonesty

The Home Office will normally refuse an application for British citizenship only when the applicant has attempted to conceal the truth or lie about an aspect of their application. The attempt to lie or conceal the truth may be on the application form or in the course of inquiries from the Home Office. This includes where they have knowingly provided false personal details, for example, date of birth, name, or nationality.

The UK Home Office will normally refuse an application based on not meeting the good character requirement for British citizenship applications for deception and dishonesty when an applicant has been deceitful or dishonest while dealing with Her Majesty’s Government. Examples include, but are not limited to:

• Claiming fraudulently or otherwise defrauding the benefits system.
• Accessing services such as housing or healthcare, whose access is controlled by immigration legislation unlawfully
• Providing dishonest information for acquiring goods or services, such as a driver’s license.
• Providing false or misleading information, such as providing false biodata, claiming to be a nationality they were not, or concealing conviction data deliberately at the initial stages of the immigration application process.

Failure to Disclose Information Required in a Citizenship Application

If an applicant fails to disclose information, it would result in the application being refused on good character requirement grounds for British citizenship applications. The Home Office must refuse the current application, and subsequent applications for citizenship will normally be refused for the next 10 years. This applies unless the applicant accepts that the failure to disclose was unintentional and a genuine error.

Deception Used in Previous Applications

The Home Office will normally refuse an application where there is evidence that an applicant has used deception either during the citizenship application process or in a previous immigration application in the last 10 years.

Deportation Order

The Home Office will normally refuse an application if the applicant is the subject of an extant deportation order.

Sham Marriages or Civil Partnerships

The Home Office will normally refuse an application where there is evidence that the applicant has entered or attempted to enter into a sham marriage or sham civil partnership in the 10 years before the nationality application. Similarly, their application will normally be refused if they have assisted another person to enter or attempt to enter into a sham marriage or sham civil partnership in the 10 years before the nationality application.
The 10-year period begins from the date the deception is discovered or admitted.

Abuse of the English language or Knowledge of Life tests

The Home Office will normally refuse an application where there is evidence that the applicant has practiced deception in an English language test or Life in the UK test in the 10 years before the nationality application. The deception is regarded as continuing until the date on which the Home Office discovers or the applicant admits deception.

False Statements by Referees

If a referee has made an attempt to deceive, he may be liable for prosecution. However, regardless of whether a prosecution is pursued, the Home Office will normally refuse an application if the Home Office believes, based on certain grounds, that the applicant has prompted or been complicit in a referee’s deception.

Again, the Home Office will normally refuse an application if a referee has made any deception in the 10 years before the citizenship application. The deception is regarded as continuing until the date on which the Home Office discovers it or the referee admits it.

Failing to Pay Litigation Costs

Litigation debt is a debt owed to the Home Office. This happens when a court or tribunal orders another party to pay for the Home Office’s legal costs. If an applicant fails to pay litigation costs owed to the Home Office, it may demonstrate that the applicant does not meet the good character requirement for British citizenship applications.

6. Immigration Breaches

An immigration breach means an applicant has failed to comply with the UK immigration requirements. For example:

• Failing to comply with the conditions attached to a grant of permission to enter or stay in the UK
• Accessing public funds when not allowed to do so
• Failing to report when required without a reasonable excuse
• Assisting illegal immigration
• Working illegally in the UK
• Recruiting illegal workers
• Failing to comply with the requirements of the Immigration (European Economic Area) Regulations 2016

If an applicant fails to comply with immigration requirements within the 10 years before the date of decision, the Home Office will normally refuse an application for British citizenship for this reason on the grounds of not meeting the good character requirement for British citizenship applications.

Final Thoughts

Meeting the good character requirement for British citizenship applications is essential for an applicant. Various factors (as mentioned above) are considered when assessing whether an applicant is of good character. It is also quite subjective in nature. Being unable to meet the requirements of good character does not necessarily mean that your application will be refused.

However, if it is found that you have made a deliberate attempt to deceive the Home Office, it may surely result in your application being refused. Hence, even though you have made a mistake, you must admit it honestly and fully.

As we can see, meeting good character requirements is complex; it is suggested that you take the help of a UK immigration expert lawyer.

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