British Citizenship: Good Character Legal Challenge 2025
This is Part 2 of our series on the new Good Character rules for British citizenship. If you have not yet read Part 1, which covers the full citizenship requirements and the meaning of good character, please read it first.
What changed on 10 February 2025
On 10 February 2025, the Home Office published a new version of its Good Character nationality policy guidance. This update has serious implications for many citizenship applicants, especially those who arrived in the United Kingdom through irregular means, including refugees.
According to the updated guidance, any person who entered the United Kingdom illegally or who made what the Home Office describes as a “dangerous journey” will normally be refused British citizenship. This applies even if the person arrived many years ago. It also includes travel by small boat, hidden in lorries, or even by air if proper clearance was not obtained.
This represents a much stricter approach than before. In the past, the Home Office more frequently used discretion, especially for people who were later granted refugee status or indefinite leave to remain. Now, the starting position is refusal unless the applicant can show exceptional, compelling, or mitigating circumstances.
Although the guidance is not legally binding, it is used by Home Office caseworkers to decide applications. In practice, decision-makers are expected to follow this guidance unless there is a very strong reason not to. This means that although it is possible to argue against refusal, applicants must be well prepared and provide strong evidence showing why their case deserves special consideration.
This policy change has caused serious concern among immigration lawyers, refugee charities, and human rights organisations. Many believe it may conflict with the United Kingdom’s international obligations, such as those found in the 1951 Refugee Convention. In particular, Articles 31 and 34 of that Convention protect refugees from being punished for their method of entry and support the idea that they should be helped to integrate fully, including through access to nationality. Legal challenges to this policy are already under way.
Why this matters for refugees and migrants
This change in policy has a major impact on people who were forced to flee their home countries and came to the United Kingdom in search of safety. In the past, individuals who entered the country without permission but were later granted refugee status or other forms of protection still had a realistic chance of being granted British citizenship. The Home Office would usually consider the full context of the applicant’s journey and the fact that refugees often have no choice but to enter irregularly.
However, under the new guidance, the starting point is refusal. Anyone who entered the United Kingdom illegally or used a so-called “dangerous journey” will usually be refused British citizenship, even if they now have indefinite leave to remain or settled status. This includes people who have been living lawfully in the country for many years, contributing to society and complying with all other requirements.
Refugees and people fleeing danger may now face a permanent bar to naturalisation unless they can prove there are “exceptional, compelling or mitigating” reasons why their application should still be approved. These reasons must go beyond the fact that they were seeking protection. The Home Office expects applicants to clearly explain why they had no alternative route, what risks they faced, and how they have demonstrated good character since arriving.
This new approach makes it much harder for those who have come through irregular routes to become full members of British society, even if their refugee claims were accepted. It also creates uncertainty for people who believed they were following a recognised path to citizenship after years of legal residence and contribution. For many, it will now be essential to prepare detailed written representations supported by evidence to explain why their case deserves an exception.
How the Home Office explains it
The Minister for Border Security confirmed the changes on 3 March. She said British citizenship is a privilege. So, the good character test must be strict. But she also noted that discretion remains. That means caseworkers can still grant citizenship in rare cases—if you show strong reasons and comply with international law.
Discretion now plays a key part. You will need to make your case strongly. Focus on:
- Why you came
- Your actions since
- Your lack of criminal record
- Your positive contributions
Show that you genuinely deserve citizenship despite your journey.
Officially, children who arrived illegally are not exempt. However, Lord Hanson stated that breaches “outside the child’s control” are usually disregarded. Still, discretion lies with the decision‑maker. So, you must clearly explain that your entry was out of your control.
Legal action against the new rules: what is happening now
Following the February 2025 changes to the Good Character guidance, legal organisations have begun formal challenges. The Immigration Law Practitioners’ Association (ILPA) and Wilson Solicitors argue that the updated policy breaches both domestic and international legal obligations. They say the new approach wrongly penalises people who entered the United Kingdom irregularly, even if they were later granted refugee status or indefinite leave to remain.
The challenge centres on Articles 31 and 34 of the 1951 Refugee Convention. Article 31 protects refugees from being penalised for entering a country illegally if they were escaping danger. Article 34 encourages countries to help refugees integrate fully by offering pathways to citizenship. ILPA also points to the European Convention on Human Rights, particularly Article 8 (respect for family life) and Article 14 (protection from discrimination).
On 26 February 2025, ILPA sent an open letter to the Home Secretary asking for urgent review and withdrawal of the policy. On 3 March 2025, the Home Office replied, saying the guidance would stay but could still be applied flexibly in rare cases. ILPA then submitted a second letter to the Home Affairs Select Committee on 1 April 2025, outlining wider human rights concerns and pressing for formal parliamentary scrutiny.
You can read ILPA’s 26 February letter HERE. The Home Office reply HERE:
https://ilpa.org.uk/wp-content/uploads/2025/02/HO-response-Re-Good-Character-Guidance-03032025.pdf
The 1 April 2025 follow-up:
https://ilpa.org.uk/wp-content/uploads/2025/02/ILPA-letter-Re.-Amendments-to-the-Good-Character-Guidance-2025.04.01.pdf
Challenging the policy through the courts
Despite concerns raised by legal experts, the Home Office has confirmed that it will not change the new Good Character policy. ILPA, Wilson Solicitors, and other legal organisations strongly disagree with this decision. They argue that the policy is not only harsh but also unlawful. As a result, they have now taken steps to challenge the refusal to amend the guidance.
The challenge will be brought by way of judicial review. This is a type of legal action that allows a court to examine whether a government decision, policy or rule is legal and fair. In this case, the aim is to get the court to review how the new Good Character rules are being applied to citizenship applications—particularly those involving refugees, children, and survivors of trafficking who entered the country through irregular routes.
Before starting a judicial review, the parties involved must send what is called a pre-action protocol letter. ILPA and Wilson Solicitors have already sent this to the Home Office. The letter sets out the legal grounds for the challenge. It argues that the updated guidance breaches several legal obligations, including protections in the 1951 Refugee Convention and rights under the European Convention on Human Rights. It also highlights how the rules may unfairly discriminate against certain groups.
This letter gives the Home Office a final chance to respond or reconsider the policy. If it does not do so, ILPA and its legal team are expected to proceed to court. The outcome of this challenge could force the Home Office to amend the guidance, especially where it has a disproportionate impact on vulnerable applicants.
What this means for you
The changes to the Good Character guidance have placed serious barriers in the way of many people who would otherwise be eligible for British citizenship. For refugees, children, and others who arrived through dangerous journeys, the new rules may feel like a closed door.
But this is not the end of the road. Legal challenges are already underway. Campaigners and lawyers are working hard to hold the Home Office accountable, using the law to push for fairer treatment. If the courts find the policy unlawful, the guidance may have to change—giving hope to many affected by it.
In the meantime, it is crucial to stay informed, prepare strong applications, and make persuasive representations wherever possible. You are not alone in this. By understanding your rights and the current legal landscape, you give yourself the best possible chance.
Change is possible—and it often begins with people who refuse to stay silent.