Introduction

The Home Office has fundamentally changed the way it assesses the good character requirement
for British citizenship. While many applicants focus on satisfying the residence requirements,
language and Life in the UK Test, a poor immigration history can now be decisive.

The updated Nationality: Good Character Guidance significantly strengthens the Home Office’s
approach to immigration breaches. In particular, illegal entry into the United Kingdom and periods of
overstaying now carry far greater consequences than many applicants appreciate.

For thousands of settled migrants hoping to become British citizens, these changes require careful
legal consideration before submitting an application.

What is the Good Character Requirement?

Most applicants over the age of 10 applying to naturalise as British citizens must satisfy the
Secretary of State that they are of good character under the British Nationality Act 1981.

The legislation does not define good character. Instead, Home Office caseworkers apply detailed
policy guidance. The assessment extends beyond criminal convictions and includes compliance
with immigration law, honesty and integrity, financial responsibility, criminal conduct, deception,
public conduct and overall respect for UK law.

The Home Office considers the applicant’s entire immigration history and may refuse citizenship
even where the applicant has lived lawfully in the UK for many years.

Illegal Entry: A Major Change

Perhaps the most significant change introduced in February 2025 is the Home Office’s approach to
illegal entry.

Applications submitted from 10 February 2025 onwards will now normally be refused where the
applicant previously entered the UK illegally, regardless of how long ago that entry occurred.

This represents a marked departure from previous policy under which older immigration breaches could often be overlooked after lengthy lawful residence.

The policy therefore has significant implications for individuals who later obtained refugee status, indefinite leave to remain or settled status but originally entered the UK unlawfully. Although the guidance uses the word ‘normally’, indicating discretion remains, settlement alone should not be
assumed to overcome an adverse immigration history.

What About Overstaying?

Illegal entry is not the only immigration breach capable of affecting a citizenship application. The Home Office continues to treat overstaying, working without permission, breaching visa conditions
and other immigration offences as relevant factors when assessing good character.

Caseworkers consider the length of the overstay, the reasons for it, whether the applicant deliberately ignored immigration requirements, whether the breach has been regularised and the applicant’s overall immigration history. Previous overstaying may therefore remain relevant even
after lawful status has been obtained.

Does ‘Normally’ Mean There Is Still Discretion?

Yes. The guidance deliberately uses the word ‘normally’ rather than ‘must’. This means discretion
remains available where exceptional or compelling circumstances justify a grant. The guidance
recognises that illegal entry or unlawful presence outside an applicant’s control and the UK’s
international obligations may be relevant. Nevertheless, discretion should never be assumed and
strong legal representations are often essential.

Every Case Depends on Its Own Facts

Many applicants wrongly believe that obtaining Indefinite Leave to Remain automatically
guarantees British citizenship. It does not. Naturalisation remains a discretionary decision. Decision
makers may consider the manner of entry, overstaying, deception, criminal history, financial
conduct and all available evidence demonstrating good character.

Should You Apply Before Taking Legal Advice?

Applicants with any history of illegal entry, overstaying, immigration deception, previous refusals,
breaches of visa conditions or criminal convictions should seek specialist legal advice before
submitting an application. British citizenship application fees are substantial and generally
non-refundable. Early advice may identify issues capable of being addressed through detailed legal
representations or indicate that delaying an application is the better course.

How BWF Solicitors Can Help

At BWF Solicitors we regularly advise clients on complex nationality applications involving previous
immigration breaches, long residence, overstaying, discretionary leave, refugee status and
settlement. We carefully assess each client’s immigration history before any application is
submitted and prepare comprehensive legal representations where good character issues arise.

Official GOV.UK Sources

1. Nationality: Good Character Guidance (GOV.UK)
2. Nationality policy – good character (Official PDF)

Contact

BWF Solicitors
Anna House
214–218 High Road
London N15 4NP
Tel: 020 8493 7340
Mobile: 07712 761884
Email: bowusu@bwfsolicitors.com

This article provides general information only and does not constitute legal advice. Specific advice should always be obtained based on the individual facts of each case.

About the writer:

Bennard Owusu is an accredited member of the Law Society Family Law Accreditation

Scheme and a member of the Ghana Bar Association. Family Law Accreditation is a

recognised quality standard for family law practitioners in the U.K.