Recent changes to the UK’s “Good Character” guidance, effective from 10 February 2025, could block refugees and migrants who initially entered the UK illegally but later obtained Leave to Remain from gaining British citizenship. The policy states that individuals who entered the UK unlawfully, including those fleeing dangerous situations, will “normally” be refused citizenship. This is especially harmful to refugees and those who’ve established lives through family connections or private life.
Although the government claims these changes merely clarify existing policy, they present a significant barrier to many who have integrated into UK society. Even individuals who have contributed positively for years may now face obstacles to citizenship due to their initial entry method.
Impact on Refugees and Migrants
This new guidance disproportionately affects refugees and migrants granted Leave to Remain based on family or private life grounds. Many have deep ties to the UK, having built families, worked, and paid taxes. Denying them citizenship due to their entry status disregards their contributions and could undermine the UK’s principles of fairness and inclusion.
The policy treats refugees and migrants with irregular entry the same as those with criminal backgrounds, even if they’ve since followed the rules and integrated into society.
Legal and Ethical Concerns
Legal experts argue the guidance is discriminatory, particularly against refugees and those granted Leave to Remain on family grounds. Critics emphasise that naturalisation decisions should focus on an individual’s behaviour since arrival, not their entry method, which is often beyond their control. The policy could also violate international agreements like the 1951 Refugee Convention, which protects those fleeing persecution.
Potential Legal Challenges
This policy change is likely to prompt legal challenges from advocacy groups, migrant rights organisations, and human rights lawyers. These groups may argue that the policy violates migrants’ rights, leading to greater scrutiny and potential revision of the rules.
Political Reactions
The government defends the changes as necessary for national security, but opposition parties, including Labour and the Liberal Democrats, argue that they unfairly penalise migrants for circumstances beyond their control. Labour MP Stella Creasy criticised the policy, stating, “If we give someone refugee status, it can’t be right to then refuse them a route to become a British citizen.” There’s concern that the guidance could harm social cohesion and foster division.
Broader Impact on Immigration Policy
These changes are part of a broader shift towards more restrictive immigration policies in the UK. Critics argue the policy sends a message that the UK is closing its doors to those who seek safety or a better life, which could damage the UK’s international reputation and commitment to human rights.
Impact on Future Naturalisation Applications
The changes are likely to deter future naturalisation applicants, especially those who entered the UK irregularly but have since built lives here. The fear of refusal due to their past entry could discourage many from applying for citizenship, even if they’ve contributed positively. This policy could create a two-tier system where certain groups face more obstacles to full citizenship, particularly refugees and migrants who entered under difficult circumstances.
At Sincere Immigration, we provide tailored advice based on your specific circumstances to help you submit a strong application, inviting the Home Office to exercise discretion in your favour. Please contact us to arrange a consultation to discuss your case further.