The Home Office have recently announced an update to the Good Character guidance. The new change clarified that any application made for citizenship in the UK after the 10th of February 2025, by an individual who has previously tried to enter the UK illegally, will normally be refused citizenship. This will likely remain the case regardless of how much time has passed since the illegal occurred.
The change in the guidance confirmed that individuals who previously entered the country without the necessary valid entry clearance or electronic travel authorisation, and who undertook a dangerous journey, will generally have their citizenship application refused.
Questions were raised to Seema Malhotra, Minister for Migration and Citizenship, concerning whether there would be exceptions for those who were victims of trafficking or modern slavery and were forced to enter the UK illegally. In a written response on 4 March 2025, Seema Malhotra confirmed that immigration breaches that were outside the control of the individual would be discounted.
Similarly, in response to these queries, Lord Hanson of Flint – Minister of State at the Home Office – confirmed that the presumption should now be that citizenship applications will be refused for those who have entered the UK illegally unless they can provide a range of circumstances which are exceptional, compelling, and mitigating so that the Secretary of State can apply discretion to grant a citizenship application on an exceptional basis.
Applications made prior to 10th February 2025
If an individual applied for UK citizenship before the 10th of February 2025, the previous guidance would still apply, meaning that naturalisation will generally be refused if illegal entry occurred within the past ten years – as opposed to entering illegally at all.
The above update is aimed at asylum seekers who have entered the UK illegally and later obtained immigration status. However, it also signals the wider direction of the new Government’s policy: a firm and continued focus on reducing illegal working and tightening migration controls overall.
In line with this tougher approach, businesses are now finding it more challenging to secure sponsor licences and face more scrutiny generally. Additionally, the Home Office is stepping up enforcement and taking a stricter approach to compliance with its evolving rules and guidance.
Immigration remains a complex area, and even minor errors in applications can lead to significant delays, refusals, or costly setbacks. Ensuring everything is done correctly from the outset has never been more important.
How can we help?
If you have any questions about how these changes could affect your organisation, or if you need guidance on supporting your employees with immigration matters, our Immigration team is here to help.
