Introduction
On 10 February 2025, the Home Office updated their Nationality: Good Character guidance. 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.
The New Rules Explained
The changes introduce a much stricter approach to assessing “good character” for British citizenship applications, particularly targeting those who entered the UK without proper authorization.
Key Changes:
- No time limit: Previous 10-year rule removed
- “Dangerous journeys”: 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
- Broad definition: Includes small boat crossings, concealed vehicle travel, and other irregular entries
Who Is Affected?
This change primarily impacts:
- Refugees who arrived irregularly but were later granted protection
- Individuals who overstayed visas initially
- People who entered without proper documentation
- Those who made “dangerous journeys” to reach the UK
Timeline Matters
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.
Cut-off Date Impact:
- Before 10 February 2025: Assessed under previous rules (10-year disregard period)
- After 10 February 2025: New strict rules apply regardless of timing
Exceptions and Discretion
While the guidance states applications will “normally” be refused, some exceptions may apply:
- Children who arrived under 18
- Victims of trafficking
- Those with compelling mitigating circumstances
- Cases involving domestic violence or abuse
Financial Implications
An application for British citizenship costs £1,630 and is non-refundable – many people will not want to risk making the application if it is unlikely to succeed.
Legal Challenges
We consider there are good arguments that the guidance published on 10 February 2025 is unlawful. We are discussing potential judicial review challenges with people.
What You Should Do
- Assess your entry history – Review how you first arrived in the UK
- Consider timing – If eligible, applying before 10 February 2025 was advantageous
- Gather evidence – Document any exceptional circumstances
- Seek expert advice – Complex cases require professional assessment
- Consider alternatives – ILR may be more achievable than citizenship
Conclusion
These changes represent the most significant tightening of citizenship rules in decades. If you’re affected, don’t assume your case is hopeless – exceptions exist, and legal challenges are ongoing. Professional guidance is essential for navigating these complex new requirements.