The Good Character Requirement for Naturalisation
The good character requirement has recently received a lot of attention, after the Home Office’s controversial decision to change the guidance. Anyone who is applying for citizenship from the 10th of February 2025 and had previously entered the UK ‘illegally’ will normally be refused, regardless of the time that has passed since the illegal entry took place.
For many long-term non-British residents of the UK, naturalisation as a British citizen is the final step in securing their future in the country they call home. The Home Office assesses applicants on several legal criteria, including residence, English language ability, and an understanding of life in the UK. However, one of the most uncertain and subjective hurdles is the good character requirement. This requirement applies to anyone over the age of 10 applying for British citizenship, and its definition remains ambiguous, making it a major point of risk for many applicants.
New guidance
The good character requirement has recently received a lot of attention, after the Home Office’s controversial decision to change the guidance. Anyone who is applying for citizenship from the 10th of February 2025 and had previously entered the UK ‘illegally’ will normally be refused, regardless of the time that has passed since the illegal entry took place.
However, people have been trying to navigate the good character requirement and make sure they comply for years.
Among the various factors considered under good character, criminality plays a central role. The Home Office’s approach has changed over the years, shifting from fixed sentence-based thresholds to a more discretionary framework that leaves applicants in uncertainty. This means that even minor past infractions can jeopardise an application, often leading to inconsistent outcomes depending on the caseworker handling the file or how well the application is prepared. This is an application that is not in scope for legal aid and can lead many people to apply without proper immigration advice and representation.
The Legal Basis of the Good Character Requirement
The British Nationality Act 1981 (BNA 1981) establishes the good character requirement but it does not define what constitutes a good character. The Home Office guidance provides the framework for assessing an applicant’s history and conduct, with criminality being a key factor.
Previously, the guidance set clear sentence-based thresholds allowing for citizenship applications to be submitted after a specified amount of time depending on the length of sentence, with the exception of sentences of 4 years or more that will always lead to refusal. For example, people with non-custodial sentences, cautions, or out-of-court disposals recorded on their criminal record could apply after 3 years while people with sentences of less than 12 months could apply after 10 years since the end of the sentence.
This was a consistent approach and proportionate to the severity of the sentence and an implicit acknowledgement that people should be allowed to move on from previous convictions of lower thresholds.
However, changes introduced on 31st July 2023 have moved away from these rules, replacing them with a broader discretionary model for assessment. While the refusal of applicants with 4+ year sentences remains automatic, lesser convictions are now considered in the context of the applicant’s general circumstances and whether they are of good character ‘on the balance of probabilities’. Several factors can be taken into consideration when assessing this such as time elapsed since the offence; the seriousness and nature of the offence; number of offences; the applicant’s age at the time of the offence; rehabilitation efforts.
All convictions are relevant to the assessment, even the ones considered ‘spent’ under criminal law and are legally ignored for most purposes, with citizenship applications being a notable exception. Even convictions that took place many years ago are legally spent, are weighed within the context of the applicant’s overall character and could still lead to a refusal.
This system allows for many subjective assessments from caseworkers at the Home Office and creates an unforgiving system. There is no more a safe point in time when people that have previously offended can apply for citizenship and be confident that they will meet all the requirements. No matter how much time has passed from the offence and how minor it was, it can still be an issue in an application.
This was the case for our client Amar (name changed), who after living 20 years in the UK, 14 of them with settlement, was refused citizenship due to a criminal offence he committed and was sentenced for 16 years before the application.
Final thoughts
The eligibility to naturalise as a British citizen should be determined by clear legal principles and have clear criteria rather than heavily relying on unpredictable discretion. While it is reasonable to expect applicants to meet high moral and legal standards, the current approach creates uncertainty and can often result in flawed decisions.
For those considering applying for citizenship, legal advice is now more crucial than ever. Understanding the good character requirement can help applicants assess their chance and prepare their cases effectively. Until the Home Office introduces clearer and more consistent rules, British citizenship will remain an uncertain goal for those with past offences, regardless of how much time has passed or how much they have contributed to society.
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