Home Office guidance changes to normally refuse citizenship forever for those who enter UK illegally

11 February 2025

The Home Office’s Nationality Good Character guidance has changed this week to “normally” refuse British citizenship applications for those who have entered the UK “illegally” for life.

The guidance informs Home Office decision makers on how to consider whether those aged 10 and over meets the “good character” requirement for registration and naturalisation. Consideration is given to a person’s history, for example, criminality, immigration law breaches and deception, as well as positive factors such as the contributions a person has made to society.

Previously an immigration breach would normally result in refusal of citizenship for 10 years after the last breach. The guidance now states that arriving in the UK “illegally” would “normally” mean they do not meet the “good character” requirement for British citizenship, regardless how long has elapsed since they entered the country illegally.

The changed sections now state: “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.

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.”

Plus: “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.”

Does this lifetime ban from citizenship include those brought in as children and trafficking victims? The guidance adds a new example to the examples of discretionary cases that may be treated as an exception: “a person who entered illegally 14 years ago would normally require refusal of citizenship as an illegal entrant but has been recognised as a victim of trafficking and subsequently granted refugee status. They haven’t acquired any other notable adverse character issues during their residency, indicative that on a balance of probabilities they are now of good character.”

Penalising refugees for how they have entered a country where they claim asylum is a breach of the Refugee Convention, so much will be made of the word “normally” and whether this will likely apply to those granted refugee status. Yet refugees are not mentioned among the examples of exceptions and make up the majority of those arriving by “dangerous journey” as there are no safe, legal routes to come to the UK to claim asylum for the vast majority of the world.

Vanessa Ganguin Immigration Law are very experienced at assisting with all aspects of naturalisation and registration for British citizenship, as well as lesser trodden paths to residence in the UK and matters such as revocation of citizenship.

Feel free to contact us on 0207 033 9527or enquiries@vanessaganguin.com to discuss your nationality and citizenship options or to talk through any immigration issues you or your family may want assistance with. We do offer fixed fees where we can.