Gordon Irving, Solicitor in the Immigration Team at Broudie Jackson Canter, explores the ramifications of these changes.

The updated guidance states that cohort of applicants includes those;

‘A person who applies for citizenship from 10 February 2025 who has previously arrived without a required valid entry clearance or electronic travel authorisation, having made a dangerous journey will normally be refused citizenship.

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.’

The guidance does indicate that discretion may be exercised in the decision-making process, and an example of how this may be applied also appears in the guidance;

“a person who entered illegally 14 years ago would normally require refusal of citizenship as an illegal entrant but has been recognised as a victim of trafficking and subsequently granted refugee status. They haven’t acquired any other notable adverse character issues during their residency, indicative that on a balance of probabilities they are now of good character”.

Individuals who have entered the UK illegally in the past will need to carefully consider the requirements for naturalisation before applying. It is expected that many individuals, and refugees in particular, will be adversely affected.

Applications for naturalisation are expensive and there is no right of appeal against refusal, so we recommend seeking legal advice before proceeding with an application.

A permanent bar on citizenship for illegal entrants’ risks creating a permanent group of non-citizens who are excluded from civic life. Despite the apparent intention of the guidance, it is unlikely to deter desperate migrants from making perilous journeys to the UK.

When applying to naturalise as a British citizen, particularly when doing so at the discretion of the Home Office, it is important to consider the Good Character guidance carefully. At Broudie Jackson Canter, our sensitive team of legal experts will consider your circumstances and support you through the process.

If you require legal advice on immigration breaches in relation to a naturalisation application, or you need any other advice on this area of law, we can help. Call us today, make an enquiry or request a callback and our team will be happy to help.