Changes to good character and lawful residence for naturalisation as a British citizen

There has been a lot of coverage and discussion about the Nationality and Borders Act 2022. This piece of legislation introduces numerous consequential changes to the areas of immigration, asylum and nationality law. This blog post will focus on one of the changes to nationality law.

Applying to naturalise as a British citizen is a discretionary application. Most applicants must demonstrate to the Home Office that they are of good character. There is no statutory definition of good character. The requirement is instead assessed according to Home Office guidance.

There are various factors for the Home Office to consider when assessing good character: criminality; financial soundness; terrorism or international crimes; deception and dishonesty in previous dealings with the UK government; and previous deprivation of citizenship.

Another factor which the Home Office considered when assessing good character was immigration history. Applicants without ten clear years of good immigration history prior to the date of application ran the risk that their application was likely to be refused. While the Home Office did have the ability to exercise discretion when considering immigration history, this was limited.

The result was that many individuals who held indefinite leave to enter or remain and who satisfied all other requirements for naturalisation were unable to apply because they could not satisfy the good character requirement due to previous immigration breaches committed prior to their grant of indefinite leave to enter or remain. Examples of immigration breaches include - but are not limited to - entering the UK without permission, overstaying the validity of a visa, working without permission or failing to comply with reporting conditions.

The Nationality and Borders Act 2022 introduces a change in that regard. As of 28 June 2022, where an individual who holds indefinite leave to enter or remain in the UK applies to naturalise as a British citizen, the Home Office will not require to examine the individual’s immigration history. The Home Office is not required to make enquiries as to whether the individual was lawfully resident in the UK prior to the grant of indefinite leave to enter or remain, and can instead rely on the grant of indefinite leave to meet the requirement to not have been in the UK in breach of immigration laws.

This change will be of benefit to individuals who, for example, previously overstayed the validity of their visa but were subsequently granted indefinite leave to remain, and who can satisfy all other requirements to naturalise.

It is important to note that the relevant provision of the Act only allows the Home Office to not examine immigration history prior to a grant of indefinite leave to enter or remain; it is not automatic. Therefore, there may be instances where the Home Office chooses not to do so.

If you would like any advice or assistance regarding applying to naturalise as a British citizen, please contact a member of our Immigration team. We would be happy to discuss this recent change with any individuals who believe it may affect them.