On 10 February 2025, the Home Office updated their Nationality: Good Character guidance which explains how one’s history, both criminal, immigration and otherwise will affect their naturalisation application. This update significantly impacts the UK citizenship application process, making it essential for applicants to understand the new rules. In a continued and sustained effort to deter individuals from entering the UK through illegal means, the following changes were introduced yesterday:

"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."  

For individuals who applied before 10 February 2025, the position remains that an application will normally be refused where an individual entered the UK illegally in the past ten years. The update this week takes this to a new extreme, with a no-tolerance policy for illegal entry at any point in time. This is a concern for refugees currently in the UK, many of whom will not have had valid authorisation to enter the UK, but entered regardless in an attempt to seek asylum.

In response to the “small boats” crisis, the government is trying to deal with, the following provisions also came into effect yesterday:

• "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."

Many refugees are right to be concerned, as despite being granted asylum or Humanitarian Protection, they are now prohibited from ever reaching the final destination: British citizenship. The guidance does state that applications should ‘normally’ be refused, which allows us to believe some discretion may be exercised, potentially where applicants have been granted refugee status or Humanitarian Protection, and had no choice but to make such dangerous journeys. The guidance proceeds to explain that an ‘exceptional grant’ of citizenship may be appropriate in certain circumstances, for example:

"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."

Understanding the good character requirement UK is essential in such cases, as it plays a critical role in determining the outcome of citizenship applications.

Others who may benefit include children who made a dangerous journey while under 18. Whilst this is helpful to individuals who meet the above exception, the process still remains uncertain for thousands of refugees, many of whom will have already started their naturalisation application. 

These stark changes come at a time when a naturalisation application currently costs £1,605 which is soon expected to increase to £1,685. A high fee, which many people are unwilling to risk for a refusal.

The recent policy shifts highlight the UK illegal entry citizenship impact, especially for refugees and individuals with complex immigration histories.

If you are worried about a naturalisation application or have any questions, please call Latitude Law today on 0300 131 6767, or fill out our online contact form. Our legal experts can guide you through the complexities of UK nationality application rules to improve your chances of success.