Table Of Contents
- Assessment of “Good Character”
- Change Introduced on 10 February 2025 by the Home Office
- Impact on Refugees
- Conclusion
“Good character” is an important requirement set out in Schedule 1 to the British Nationality Act 1981 for applicants for British citizenship through naturalization. You have to prove that you are of “good character” to be eligible for British citizenship. The UK Home Office has laid down certain conditions that need to be met to prove your good character. Now on 10 February 2025, the Home Office has issued a new guideline according to which the application of people who entered the UK illegally and applied for naturalization after 10 February 2025 will be refused.
The good character requirement also applies to individuals above 10 years of age who apply for British citizenship by registration. Let us see what the “good character” requirement is and how the Home Office determines whether you are of a “good character” or not.
Assessment of “Good Character”
When assessing someone’s character, the Home Office looks at negative factors, such as criminality, breach of UK immigration law, and deception, as well as positive factors, such as their contribution to the UK’s society while in the UK. The home office assesses each individual applicant on their merit. Applicants are expected to give truthful and honest answers to questions asked during the application process. Applicants should inform the home office if they have a criminal conviction or face any pending prosecution or if there are mitigating factors that may
affect their standing on their character assessment.
If any of the following applies to you, you may not be considered of a good character and so your application to register or naturalize as a British Citizen may be refused.
- Criminality – You neither respect the law nor are you ready to respect it. If you have been convicted of a criminal act, whether in the UK or in any other country, or if there are enough reasonable grounds to believe that you are involved in a criminal activity.
- Immigration Offenses – If you have breached UK immigration law, such as overstaying in the UK, entering a sham marriage or sham civil partnership, working illegally in the UK, or making illegal entry into the UK, then your character will most likely not be considered good.
- International crimes, terrorism, and other non-conducive activity—If you are directly or indirectly involved or associated with acts of war crimes, crimes against peace or humanity, genocide, terrorism, and serious human rights violations, which are not good for the public good.
- Financial soundness – It is also important that you are financially sound. If you have defaulted on a loan, filed for bankruptcy, have not paid taxes, or are facing any other financial issues, this does not reflect your good character.
- Deception and dishonesty – If you have shown dishonesty or deception deliberately, such as making a false claim or concealing information while dealing with the UK government so that you can avail yourself of the government benefit.
- Complying with UK laws – If you have not followed the UK’s laws, whether they are criminal or civil.
- Deprivation – If you have been deprived of citizenship in the past.
Change Introduced on 10 February 2025 by the Home Office
- One of the many factors mentioned above to establish good character is that it matters equally whether you entered the UK legally or illegally. And on 10 February 2025, the Home Office has introduced a new policy regarding illegal entry.
- According to the new policy, if people who have made illegal entry into the UK at any time apply for British citizenship after 10 February 2025, they will normally be refused.
- But those who applied for British citizenship before 10 February 2025, their illegal entry into the UK will be considered whether to disregard it for the purpose of the character assessment while reviewing the British citizenship application but if they apply within 10 years of their illegal entry, their application will usually be refused.
- If the entry date cannot be confirmed or the person subsequently goes to the ground or absconds, then the 10 year period will start from the day the person brings himself to the fore or comes to the attention of the home office.
- A person who applies for British citizenship after 10 February 2025 and who has come to the UK without entry clearance or electronic travel authorization by travelling on a dangerous journey, such as by small boat or secretly in a vehicle, will normally have his application refused.
- However, those who come to the UK as passengers with a commercial airline will not be considered in the illegal entry category.
Impact on Refugees
- Due to this new policy, refugees living in the UK will be affected the most despite being granted asylum or humanitarian protection because now they will most likely not be able to become UK citizens, and their lives will be like that of a second-class citizen. They will not be able to get citizens’ rights and benefits, such as NHS, education, housing, etc.
- This policy states that the application of immigrants with illegal entry will “normally” be rejected; as it seems, the Home Office can still use its discretion while assessing the case of an illegal immigrant.
- The new guidance says that an ‘exceptional grant’ of citizenship may be considered in certain circumstances, such as someone who was brought to the UK illegally as a result of human trafficking and subsequently granted refugee status. No notable adverse character was observed during their residence in the UK, so it is likely that they are of good character.
Conclusion
You should contact a British nationality lawyer, especially if you are a refugee in the UK. Whether you have applied for citizenship before 10 February 2025 or are about to apply after that, an experienced lawyer will be able to help you understand your case and help you in whatever way possible.
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