On the 10th February 2025, UK Visas and Immigration (UKVI) released an update to their caseworking guidance for the Good Character Requirement. Contained within the update was a bombshell change to the requirement that will have a significant impact on many immigrants throughout the UK.
The Good Character Requirement is a common requirement on almost all visa applications. Its inclusion within the eligibility requirements for each visa ensures that only people considered to be of ‘good character’ are granted entry clearance or leave to remain in the UK.
A specific part of the Good Character Requirement has now been updated to clarify that naturalisation applications made after 10 February 2025, which involve illegal entry, will typically be refused. This means British citizenship will not be granted, irrespective of when the illegal entry occurred. This change in approach contrasts unfavourably with the policy in place previously, which primarily assessed individual circumstances and the time between application and when the illegal entry occurred.
Applications involving illegal entry made before 10 February 2025 will continue to be reviewed in line with the old guidance. This means that the caseworker will continue to assess whether the immigration breach should be disregarded for the purpose of character assessment.
If the caseworker chooses not to disregard immigration breaches related to illegal entry, they should refuse the citizenship application if the individual is confirmed to have entered the UK illegally within the past 10 years. If the date of entry cannot be confirmed, or if the person subsequently goes to ground or absconds, the 10-year period will begin from the date they last brought themselves to the attention of the Home Office.
If you’ve come to the UK lawfully and abided by the terms of your visa, then this change will not impact you. However, if you’ve come to the UK illegally (even if you’ve subsequently switched to a legal immigration route), you will not be able to apply for British citizenship in the future, even if you meet all the other requirements. You may still be able to apply for settlement via Indefinite Leave to Remain, but you should refer to the appropriate guidance for further details.
The wording of the new guidance and the use of the term ‘typically’ suggests that there may be some limited instances where an illegal migrant may be able to claim citizenship. However, such instances will be exceptions to the standard rules and will be assessed on a case by case basis.
The guidance does make reference to ‘persons who were previously granted refugee status’ and suggests their are additional considerations in these circumstances. As First Migration doesn’t process asylum or refugee status applications, we won’t comment further on this point. Instead, we’d suggest consulting the government’s published guidance before potentially seeking professional advice.
