Recent changes to Good Character Guidance for British Citizenship applications
On 10 February 2025, the Home Office amended its Good Character Guidance (Version 6), significantly restricting the ability of individuals who previously entered the UK illegally to obtain British citizenship.
What changed from February 2025?
Prior to 10 February 2025, the Good Character Guidance provided that an application for British citizenship would normally be refused where the applicant had entered the UK illegally within the 10 years preceding their citizenship application.
The amended guidance removed the 10-year limitation and introduced an indefinite restriction. It states:
“Any person applying for citizenship from 10 February 2025, who previously entered the UK illegally will normally be refused, regardless of the time that has passed since the illegal entry took place.”
The guidance also introduced a new section concerning “dangerous journeys” to the UK:
“A dangerous journey includes, but is not limited to, travelling by small boat or concealed in a vehicle or other conveyance. It does not include, for example, arrival as a passenger with a commercial airline.”
Who was affected?
The change affected anyone who had entered the UK illegally at any point in the past. However, it had the greatest impact on individuals who were subsequently been recognised as Refugees or granted Humanitarian Protection in the UK.
Given the limited availability of safe and legal routes to the UK for the purpose of seeking asylum, many refugees enter the UK irregularly because they have no alternative means of reaching the country and making an asylum claim.
Further changes in April 2026 – the current position
On 30 April 2026, the Home Office issued Version 7 of the Good Character Guidance. The revised guidance addresses the UK’s obligations under Article 31 of the Refugee Convention and Section 31 of the Immigration and Asylum Act 1999.
Under the updated guidance, Section 31 refugee defence may apply to applicants who entered the UK illegally or made a dangerous journey where they can demonstrate a valid reason for any unlawful presence in the UK before claiming asylum.
However, only applicants who claimed asylum on or before 28 June 2022 can rely on this.
Although the guidance does not specify a fixed time limit within which asylum must be claimed, applicants who delay making an asylum claim will normally be refused unless they can provide a reasonable explanation. The timing of the asylum claim therefore remains a significant factor when assessing whether a valid defence exists.
What do these changes mean in practice?
Applicants who claimed asylum on or before 28 June 2022 will be categorised as either Group 1 or Group 2 refugees.
Group 1 Refugees
Group 1 refugees satisfy the requirements introduced by the Nationality and Borders Act 2022. Generally, they:
- Came directly to the UK from a country where their life or freedom was threatened;
- Presented themselves to the authorities without delay; and/or
- Had good cause for any illegal entry or presence.
Group 1 refugees will generally be assessed as benefiting from the Section 31 defence.
Group 2 Refugees
Group 2 refugees do not meet the relevant requirements under the Nationality and Borders Act 2022 and will not normally benefit from the Section 31 defence.
As a result, refugees who entered the UK illegally or overstayed may still face refusal of their citizenship application where they:
- Failed to claim asylum at the first reasonable opportunity;
- Did not travel directly from the country where they feared persecution, and could reasonably have sought protection elsewhere;
- Claimed asylum only after enforcement action had been initiated against them.
Circumstances Where Adverse Factors May Be Disregarded
The Home Office may disregard factors such as illegal entry, overstaying, or making a dangerous journey where those actions were outside the applicant’s control.
Examples include:
- Individuals who have received a positive decision through the National Referral Mechanism (NRM) as victims of trafficking or modern slavery; or
- Individuals who were children at the time of entry.
How is this working in practice?
Since the guidance was amended, we have advised a number of individuals on their eligibility for British citizenship following entry to the UK by irregular means.
In one case, we advised a client who entered the UK concealed in a lorry as an unaccompanied child. He claimed asylum approximately three months after arrival, but his claim was refused. He was later granted Humanitarian Protection.
The client wished to apply for naturalisation as a British citizen. Under the February version of the guidance, we advised that his application was likely to be refused because he had entered the UK illegally and his mode of entry fell within the definition of a dangerous journey.
We therefore advised him to defer making a citizenship application until the Home Office published its revised guidance addressing Article 31 of the Refugee Convention. It appears he may now be able to make an application relying on the Section 31 defence.
Contact Us
If you require advice regarding British citizenship, immigration status, or visa applications, please contact our specialist immigration team on 0191 232 9547.
We can advise on your eligibility, assess the impact of the Good Character Guidance on your circumstances, and help you prepare the strongest possible application.
