Refugees to be denied citizenship in change to nationality policy

In a surprise move, the Home Office Good Character: caseworker guidance has been updated  to potentially bar a large number of refugees from applying for citizenship indefinitely.

The new guidance states that applications made from 10th February 2025 that include illegal entry will “normally” be refused, regardless of when the illegal entry occurred. This includes applications from those “who previously arrived in the UK without a required valid entry clearance or electronic travel authorisation, having made a dangerous journey”. According to the updated guidance, a dangerous journey includes travelling by small boat or concealed in a vehicle.

This is different to the previous guidance which allowed, in certain circumstances, for illegal entry to be disregarded where it occurred more than 10 years prior to the date of application.

To illustrate the changes by way of example: A post-10th February 2025 application for naturalisation as a British citizen, made by an adult asylum seeker who arrived in the UK via small boat and was subsequently granted refugee status and Indefinite Leave to Remain (ILR), will now normally be refused citizenship regardless of when that application is made.

Despite these controversial changes, there remains scope for discretion to be exercised by the Home Office but all proposals to grant exceptionally must be approved by the chief caseworker. The guidance offers an example of when this might be appropriate, suggesting a victim of trafficking who entered the UK illegally 14 years ago, has subsequently been recognised as a refugee and has not acquired any other “notable adverse character issues” may have their application approved.

The Home Office has described the changes to the updated guidance as “clarification” when in fact they represent a major policy change which will effectively prevent the vast majority of refugees from becoming British citizens, regardless of how long they have lived in the UK. Even with the residual discretion provided for in the guidance, these changes risk creating a two-tier system where refugees arriving otherwise than by plane will be penalised for their method of entry to seek asylum in the UK. This is almost certainly contrary to the letter and spirit of the 1951 Refugee Convention.

The lack of certainty created by these changes, coupled with the costs involved and the fact that naturalisation applications do not attract a right of appeal, will undoubtedly deter many people from applying for citizenship in the future.

Those seeking to apply for naturalisation, who are concerned about these changes, or any immigration, asylum or nationality matter should contact Elizabeth or Ashley at:

[email protected] or [email protected]