Changes to British Citizenship Guidance – How Do I Challenge?

Key Takeways

• Stricter rules now deny citizenship for past illegal entry, regardless of time passed.

• No exceptions for refugees who arrived irregularly, even if later granted legal status.

• Long-term UK residents face refusal solely based on initial entry method.

• Children over 10 can be penalised for family’s immigration history.

• Legal challenges remain possible but require expert advice.

What is the Home Office’s ‘Good Character’ Requirement?

When someone over the age of 10 applies to become a British citizen, they must show they are of ‘good character’. This is not defined in law but is explained in the Home Office’s official guidance, which caseworkers use to decide applications.

In practice, this means the Home Office will look at an applicant’s history, including criminal convictions, financial conduct (like unpaid taxes or bankruptcy), and any breaches of immigration rules. Minor issues are usually weighed against how long ago they happened and what has changed since.

Until recently, most immigration breaches that occurred more than 10 years ago could be ignored, especially if the person had been granted indefinite leave to remain and stayed out of trouble since.

What Changed in The Citizenship Guidance?

On 10 February 2025, the Home Office quietly revised its internal policy on how caseworkers assess the good character requirement in British citizenship applications. While this section has long been part of naturalisation rules, the change introduced a stricter approach toward anyone who entered or arrived in the UK without permission, regardless of how long ago it happened.

Under the previous guidance, which had been in place since June 2022, immigration breaches, such as illegal entry, could be overlooked after 10 years, as long as the applicant had been granted indefinite leave to remain and had not committed further offences. That framework allowed some discretion, especially for people who had regularised their status and led stable lives since.

The new guidance, however, removes much of that flexibility. It now states that from 10 February 2025 onwards, if someone “entered or arrived in the UK illegally”, their application for citizenship will normally be refused. This includes those who:

• Crossed into the UK without a visa or valid permission
• Claimed asylum only after arrival
• Used false documents to enter the country

The term “normally” carries significant weight in this context. It suggests there may still be room for exceptions, but in practice, the threshold for discretion appears significantly higher.

What’s more, the policy makes no distinction based on how long ago the irregular entry occurred. A person who arrived 15 years ago, has lived here peacefully ever since, and now meets every other requirement, could still be refused based on how they initially entered the country.

The Home Office has also added language referring to “dangerous journeys,” suggesting that the method of entry, such as crossing the Channel in a small boat, can count against someone’s application, even if they were later granted refugee status or humanitarian protection.

It is vital to note that these changes do not reflect a shift in the law itself. The legal test remains the same under the British Nationality Act 1981.

Who is Likely to be Affected?

The updated guidance will mainly impact people who entered the UK without valid permission, regardless of when that entry took place or what their circumstances were at the time.

• Refugees and asylum seekers are particularly exposed. Many are forced to travel through irregular routes due to the lack of safe and legal alternatives. While these individuals may later be granted refugee status or humanitarian protection, the new guidance now counts their method of entry against them. 
• Long-term residents who originally entered illegally but later regularised their status are also at risk. Under the previous rules, caseworkers could overlook older immigration breaches after 10 years. That discretion has now been severely narrowed.
• Children over 10 are not exempt. The good character test applies from the age of 10, meaning that even young applicants may be penalised for how they entered the UK, including those who arrived with family.

The updated guidance does not distinguish between entry routes or timelines. A person who crossed the Channel last year and a person who arrived without permission 20 years ago may now face the same presumption of refusal.