In a significant policy shift, the UK government has introduced substantial changes to its citizenship rules that could prevent many individuals, including refugees and others who entered the UK without prior permission, from becoming naturalised as British citizens. These amendments to the “Good Character” guidance, effective from 10 February 2025, mark a consequential departure from previous policies and result in a marked increase in refusals.
Key Changes in the New Policy
The most significant change is the potential for a permanent ban on citizenship for individuals who have previously entered the UK illegally. This marks a stark departure from the former ten-year limitation period. Under the new rules:
- Anyone who enters the UK illegally will “normally be refused” citizenship, irrespective of how much time has elapsed since their arrival.
- The policy specifically targets those who arrived without valid entry clearance or electronic travel authorisation through “dangerous journeys.”
- “Dangerous journeys” are defined to include travel by small boats or being concealed within vehicles.
- Commercial airline arrivals are explicitly excluded from the definition of dangerous journeys.
Wide-Ranging Impact
- These changes could have far-reaching consequences for various groups:
- Refugees who were compelled to undertake perilous journeys due to a lack of safe, legal routes.
- Individuals who entered without proper documentation but subsequently regularised their status.
- Those who may have entered illegally but have since established lives in the UK and made contributions to society.
- Family members who entered without proper authorisation but now have built stable family lives.
Application Considerations
The policy change presents several practical challenges:
- The high cost of naturalisation applications, combined with the lack of a right of appeal against refusals, may dissuade many from applying altogether.
- The ambiguity in the guidance regarding exceptions could deter even those who may qualify for discretionary consideration.
- The permanent nature of the ban implies that past actions may have lifelong consequences.
Several issues remain ambiguous:
- The connection between these changes and the citizenship ban in the Illegal Migration Act 2023
- The treatment of individuals granted leave to remain under various grounds
- The implications for victims of trafficking
- The extent of discretionary powers in “exceptional circumstances”
Looking Forward
These changes signify a shift in UK immigration policy. Although the guidance indicates that applications will “normally” be refused, allowing for some discretion, the practical outcome may be to impose potentially insurmountable barrier for many individuals wishing to establish permanent lives in the UK. The lack of clear exemptions, coupled with the high costs and risks associated with the application.
Need Assistance?
If you’re concerned about how these changes might affect your citizenship application, Bankfield Heath Solicitors is here to help. Our experienced immigration team can:
- Assess your individual circumstances
- Guide you through the application process
- Help present your case for discretionary consideration if applicable
Contact Bankfield Heath Solicitors today for expert guidance on your citizenship application. Our team is committed to providing clear, practical advice tailored to your situation.
