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On February 10, 2025, the Home Office updated its ‘Good Character’ guidance, introducing significant changes to the criteria for British citizenship applications.
Caseworkers at the Home Office use this guidance to assess whether a person applying for British citizenship meets the good character requirement. The revised policy stipulates that individuals who have previously entered the UK illegally will “normally be refused” citizenship, irrespective of the time elapsed since their illegal entry.
This change has been made in line with the current Labour Government’s policy of wanting to appear tough on immigration. They argue that this new guidance will deter people coming to the UK despite there being no evidence that it will do so.
The only sure outcome is that it will adversely affect thousands of people and their families already in the UK who are simply trying to make meaningful lives in their new home.
What is illegal entry?
Defined in the Home Office Irregular or unlawful entry and arrival guidance as:
How many people will this affect?
It is difficult to get precise figures, but for example there were 105,966 asylum applications from small boat arrivals from 2018 to 2024, and of these 71% of these have been granted asylum. All of these refugees will now never be able to become British citizens.
How will they be affected?
Many people affected by this policy will be required to stay with Indefinite Leave to Remain status. This has some significant practical disadvantages compared to citizenship. These include the status lapsing if they leave the UK for over two years, limited voting rights including not being able to vote in UK Parliamentary elections and referendums, and limited rights for their children.
Furthermore, refugees are unable to apply for a passport from the country they have fled from. If they attempt to do so then their refugee status in the UK is at risk of being revoked. Denying refugees from ever applying for citizenship based on how they arrived in the UK, denies them from ever having a passport, relying instead for the rest of their lives on inferior travel documents instead.
More broadly, the people affected will forever be excluded from becoming British Citizens, and may never feel at home or welcome in the UK.
Is this Legal?
Possibly not, the new policy has faced immediate legal opposition. A notable case involves a 21-year-old Afghan refugee who arrived in the UK at 14, was granted refugee status, and now faces citizenship denial due to his initial unauthorized entry. The legal argument posits that the policy misinterprets the ‘good character’ requirement and contravenes the European Convention on Human Rights.
The policy has been criticised for potentially breaching international obligations under the 1951 Refugee Convention, which prohibits penalising refugees for illegal entry when they are seeking asylum. By denying citizenship based on their mode of arrival, the UK may be undermining this principle.
What does the Green Party want ?
This marginalisation of refugees, and other migrants, is in direct opposition to the principle and text of Green Party policy, where we state:
MG200. The Green Party seeks to establish a system that recognises that all migrants are treated as citizens in waiting and therefore supports and encourages them to put down roots in their new home.
We call on the Home Office to remove any consideration on how a person has entered the UK from its assessment of Good Character.
We also call on the Government to provide safe routes for those people fleeing violence and persecution to come to the UK to seek asylum.