The Home Office has introduced major changes to the Good Character Guidance, making it significantly harder for many refugees to become British citizens. From 10 February 2025, new rules will prevent people who entered the UK illegally or made a dangerous journey from naturalising as British citizens. While the government describes this as a "clarification", in reality, it introduces much stricter barriers to British citizenship.
What Are the New Home Office Citizenship Rules?
The most significant change affects those who entered the UK illegally. Under the new rules, anyone who has ever entered the country illegally will normally be refused British citizenship, regardless of how much time has passed since their arrival. The current system allows caseworkers to review applications and use discretion, but from February 2025, this option will be severely limited.
Another major change applies to those who have travelled to the UK via a "dangerous journey." The Home Office now defines a dangerous journey as:
- Crossing the Channel in a small boat.
- Entering the UK concealed in a lorry or other vehicle
Those who entered the UK in this way will normally be refused citizenship. However, these restrictions do not apply to those who arrived on commercial flights.
How Will These Changes Affect Refugees Applying for British Citizenship?
Applying for naturalisation as a British citizen is already expensive, costing £1,630 per person, with no right of appeal if refused. While the Home Office guidance suggests that caseworkers can still use discretion, it is unclear how often this will happen. Many refugees may decide not to apply for citizenship at all, fearing their application will be rejected and their money wasted.
A recent survey revealed that 62% of Labour voters believe that refugees should be allowed to become British citizens, regardless of how they arrived. This suggests that the government's new policy does not have strong public support.
Are There Any Exemptions for Children?
The Home Office has suggested that children may not be affected by these changes. However, this is misleading.
The current guidance already allows discretion for children if their illegal entry was beyond their control, such as when they arrived as dependants of their parents. However, the final decision is still left to Home Office caseworkers, which means that many children could still be refused citizenship.
What Does This Mean for Refugees?
These rules introduce a permanent ban on citizenship for those who entered illegally. Previously, applications were usually refused only if illegal entry occurred within the past 10 years. Now, there is no time limit, meaning even those who have lived in the UK for decades may be denied citizenship.
The changes also create uncertainty for refugees. Under the old guidance, some exceptions were made for people who entered illegally 14 years ago but were later recognised as victims of trafficking. The new rules do not clarify whether the same discretion applies to:
- People who entered 7 years ago instead of 14
- Refugees who were not trafficked but still need protection
Because the guidance is unclear, many people will feel forced to avoid applying for citizenship altogether.
Why a Refugee Exemption Isn't Enough
Many refugees are wrongly refused asylum but are instead granted leave to remain under different categories, such as on the grounds of private or family life. The UNHCR has raised concerns that the Home Office often incorrectly rejects asylum applications.
Many of these individuals do not appeal their asylum refusals because the process can take years and be mentally and financially draining. This means that many refugees could still be blocked from British citizenship, even if they are legally allowed to remain in the UK. The entire ban should be removed, not just for refugees but for all affected individuals.
Other Problems with the New Citizenship Guidance
There are additional technical issues with the new rules.
A broken link in the guidance is supposed to refer to special considerations for refugees, but it has been incorrect for years.
The 2020 version of the guidance referred to Article 31 of the Refugee Convention, which protects refugees from being punished for illegal entry if they:
- Came directly from the country where they feared persecution
- Reported to authorities immediately
- Had a valid reason for entering illegally
This section has now been removed, showing that the Home Office is ignoring international refugee protections.
Refugees who are granted indefinite leave to remain cannot apply for a passport from their home country. If they do, the Home Office may revoke their refugee status. This leaves them permanently reliant on a refugee travel document, which has significant restrictions on international travel.
The new Home Office guidance will permanently block many refugees from gaining British citizenship. The discretionary process is unclear, meaning most people will not risk applying. This policy is harsher than previous versions, disregards international protections for refugees, and lacks broad public support.
Instead of small adjustments, this policy should be scrapped entirely.
Need Help with your British Citizenship Application?
At Robert Croft Associates, we specialise in UK immigration and nationality law. If you are concerned about how these changes may affect your British citizenship application, we can provide expert legal advice tailored to your situation.
Contact us today to discuss your case and find out how we can help.
