In a significant and noteworthy change, the Home Office has updated its caseworker guidance on assessing the good character requirement in nationality applications. This update, which was not announced elsewhere, states that for applications made after 10 February 2025, any person who has previously entered the UK illegally will generally be refused citizenship. This new rule applies regardless of the time that has passed since the illegal entry took place.

A departure from old rules

For applications made on or before 9 February 2025, where illegal entry is a factor, the person’s application will continue to be reviewed to determine whether that immigration breach should be disregarded for the purpose of the character assessment. This distinction highlights a shift in the treatment of past illegal entries in the context of citizenship applications.

Additionally, a new section in the guidance addresses those who arrive in the UK without the required valid entry clearance or Electronic Travel Authorisation (ETA) after making a ‘dangerous journey‘. This includes travelling by small boat or being concealed in a vehicle or other conveyance, but does not include arrival as a passenger on a commercial airline. For applications made on and after 10 February 2025, such individuals will generally be refused citizenship.

What counts as a “dangerous journey”

The inclusion of the ‘dangerous journey’ aspect is particularly noteworthy as it aims to cover people who arrive by small boat but have not technically ‘entered’ the UK. This will also affect individuals who have been granted refugee status. However, the guidance lacks a functional link to additional considerations for refugees, leaving some ambiguity in this area.

What about refugees?

The recent changes to the Illegal Migration Act 2023 have introduced significant implications for individuals who entered the UK illegally or arrived by small boat, particularly in relation to their eligibility for British citizenship. Under the updated guidance, these individuals will generally find their applications for citizenship turned down unless they can demonstrate exceptional, compelling, and mitigating circumstances. This shift in policy highlights the government’s intent to limit grants of citizenship to a very narrow set of cases.

One notable example provided in the Exceptional Grants section of the guidance illustrates this point. It describes a person who entered the UK illegally 14 years ago, has been recognised as a victim of trafficking, subsequently granted refugee status, and has maintained a clean character record during their residency. Such cases highlight the stringent criteria that must be met for the Secretary of State to exercise discretion in granting citizenship on an exceptional basis.

This new guidance signals the Home Office’s intention to replace the citizenship ban previously established by the Illegal Migration Act 2023. This ban included refugees and was aimed at those undertaking “dangerous journeys” to reach the UK. This term predominantly applies to refugees due to the lack of safe and legal routes available to them and is therefore legally problematic, as such refugees have no alternative to come to the UK legally.

Discretion relating to children

In addition to these changes, the guidance also addresses the assessment of a child’s good character. It states that immigration breaches should generally be disregarded if it is accepted that these were outside the child’s control. For instance, if a parent failed to apply for an extension of leave for their child after their temporary leave expired, the child should not be penalised for this oversight.

However, this still leaves the final decision to the discretion of a Home Office caseworker, placing children in a precarious position similar to that of adults under the new guidance. Moreover, there is a financial risk involved, as applicants may lose the application fee of £1,630 if their case is not deemed exceptional.

Overall Effect

These changes reflect a broader strategy to manage migration and reinforce the government’s commitment to maintaining immigration controls. The emphasis on exceptional and compelling circumstances for citizenship grants indicates that only a limited number of individuals will benefit from this discretionary power, further tightening the pathway to British citizenship for those who entered the UK under irregular circumstances. somehow within their control. People will simply not apply and face a permanent ban from ever becoming British.

The implications of these updates will likely be far-reaching, affecting not only those seeking citizenship but also the broader discourse on immigration and refugee policies in the UK. Given that this is a guidance and not an act of parliament, it is likely to face a lot of legal challenges in court, and as an UK immigration solicitor, I am hopeful it will soften the exception, but only time will tell for now. If you have been in the UK illegally, especially those who entered illegally, you are best advised to seek immigration advice from a qualified UK immigration solicitor.

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Cross Border Legal Solicitors Ltd is a UK Solicitor law firm regulated by under the Solicitor Regulations Authority. It is Headed by Mr Tito Mbariti, a UK Immigration and Human Rights Solicitor practising lawyer and member of the Law Society of England and Wales.