Good Character Guidance

What did the previous Good Character Guidance state?

The previous Guidance in place prior to 10 February 2025 had said that where a person had previously entered the UK illegally in the 10 years prior to an application being made, it would be refused.

What has changed?

The amended Guidance removes the 10-year time limit and makes this an indefinite period stating that:

“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 amended Guidance includes a new section about making a “dangerous journey” 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 Does This  Change Affect?

This change affects anyone who has entered the UK illegally in the past. However, is most likely to result in people who have been recognised as Refugees or granted Humanitarian Protection in the UK being barred from being granted British Citizenship.

Given the lack of safe and legal routes to come to the UK to claim asylum, it is common for Refugees to enter the UK illegally (including making dangerous journeys) because they have no other way to reach the UK and a claim can be made from within the UK.

Current Position

Wilson Solicitors LLP submitted a Pre-Action Protocol letter challenging the lawfulness of the amended Guidance.

In response, the Home Office said that it intended to amend the Guidance to address Article 31 of the Refugee Convention and Section 31 of the Immigration and Asylum Act 1999.

Article 31 states that:

“The Contracting States shall not impose penalties, on account  of  their  illegal  entry  or  presence,  on  refugees who, coming directly from a territory where their life or freedom was threatened in the sense of Article 1, enter or are present in their territory without authorization, provided  they  present  themselves  without  delay  to  the authorities and show good cause for their illegal entry or presence.”

This was expected by the end of May 2025. However, the updated guidance has not to date (27/1/26) been published and our understanding is that there is now no timescale for the policy to be amended.

Wilson Solicitors LLP application is still awaiting an initial decision on the application for permission for Judicial Review. There are a further 12 judicial reviews also pending where individuals have been refused under this Guidance.

How is this working in practice?

Since the Guidance has changed, we have advised on eligibility for British Citizenship for people who have entered the UK via illegal means.

In one case, we advised a client who entered the UK illegally concealed in a lorry. At that time, he was an unaccompanied child. He had claimed asylum 3 months after entry, but this was refused. He was later granted Humanitarian Protection.

The client wanted to make an application to naturalise as a British Citizen. However, we advised that under the current Guidance, an application would likely be refused on the basis that he entered the UK illegally and coming in a lorry would be considered to meet the definition of a dangerous journey.

We advised the client to defer making an application to naturalise until the Home Office published their amended Guidance to address Article 31 and we could then advise on the likelihood of success.

Contact our Immigration Solicitors

If you have any queries or wish to seek advice on visa applications, please contact our specialist personal and business immigration team on 0191 232 9547.