Good Character Requirement For British Citizenship
This guidance of Good Character requirement for British Citizenship 2025 will tell how the Home Office whether a person applying for British Citizenship meets the good character requirement or not.
The requirement for a person to be of good character in order to naturalise as a British citizen is set out in Schedule 1 of the British Nationality Act (BNA) 1981. Additionally, Section 41A of the BNA 1981, which was introduced by Section 58 of the Immigration, Asylum and Nationality Act 2006, extended the good character requirement to specific routes for registration as a British citizen.
Factors to consider whether a person meets the good character requirement or not
When assessing whether a person meets the good character requirement for British citizenship, the following factors are considered:
- Criminality – A person may not be deemed of good character if they have been convicted of a crime or if there are reasonable grounds to suspect they have been involved in criminal activities.
- International crimes, terrorism, and other non-conducive activity – Involvement in or association with war crimes, crimes against humanity, genocide, terrorism, or actions deemed harmful to the public good may indicate a lack of good character.
- Financial soundness – If a person has not maintained appropriate financial affairs, such as failing to pay taxes or accumulating significant debt, their good character may be questioned.
- Notoriety – Engaging in activities that bring serious doubt to their standing in the local community may affect their good character assessment.
- Deception and dishonesty – Providing false information or deliberately deceiving the UK government, such as making fraudulent benefit claims, can impact the good character requirement.
- Immigration-related matters – Breaching immigration laws, such as overstaying, working in breach of visa conditions, or assisting others in evading immigration control, may count against a person unless such matters are disregarded in their case.
- Deprivation of citizenship – If a person has previously been deprived of British citizenship, this may affect their good character assessment.
This list is not exhaustive, and each case is considered on its individual merits.
Criminality
Overview
Having a criminal record does not automatically result in the refusal of a British citizenship application. However, a person who has not shown respect for the law or is unwilling to abide by it is unlikely to be considered of good character.
A person will normally be refused if they:
- Have received a custodial sentence of at least 12 months in the UK or overseas
- Have consecutive sentences amounting to at least 12 months in the UK or overseas
- Are a persistent offender who shows a particular disregard for the law
- Have committed an offence that has caused serious harm
- Have committed a sexual offence or have their details recorded on a police register
The Home Office guidance states that a person must be refused if they:
- Have received a custodial sentence of less than 12 months
- Have a non-custodial sentence or out-of-court disposal recorded on their criminal record
- Are not found, on the balance of probabilities, to be of good character
Each case is assessed individually, considering the balance of probabilities when determining good character.
Sentence-Based Thresholds for Applications Made Before 31 July 2023
If an application was submitted before 31 July 2023 and remains undecided, the applicant will normally be refused if they have received:
- A custodial sentence of at least 4 years
- A custodial sentence of at least 12 months but less than 4 years, unless 15 years have passed since the end of the sentence
- A custodial sentence of less than 12 months, unless 10 years have passed since the end of the sentence
- A non-custodial sentence or out-of-court disposal recorded on their criminal record, if it occurred within 3 years prior to the application date
For non-custodial sentences and out-of-court disposals, if a conviction occurred within 3 years of submitting the application but more than 3 years have passed by the time the application is decided, the application must not be refused solely on this basis. However, if there are other concerns, previous offences may still be considered when assessing the applicant’s overall good character.
Persistent Offenders
Applications from persistent offenders who show a particular disregard for the law will normally be refused.
A persistent offender is someone who repeatedly commits offences over time, demonstrating a clear disregard for the law. This can include:
- A series of offences committed within a short period
- Offences that escalate in seriousness over time
- A long history of minor offences for the same behaviour
A person does not need to have served a custodial sentence to be considered a persistent offender. Even if they have only received out-of-court disposals, such as fines, community orders, or suspended sentences, their pattern of offending can justify refusal.
Factors to Consider
When determining whether a person is a persistent offender, the following must be assessed:
- Number and frequency of offences committed and the timescale in which they occurred
- Seriousness of the offences and their impact on the public
- Pattern of offending and whether the offences have escalated over time
- Disregard for the law, shown through repeated offences despite previous penalties
For example:
- A person who commits four minor offences over ten years may not be considered a persistent offender.
- However, a person who commits three offences within six months may be deemed a persistent offender.
Each case is assessed individually, considering the overall pattern of behaviour rather than just the individual sentences.
Cautions, Warnings, and Reprimands
A caution (simple or conditional), youth caution, warning, or reprimand are all considered out-of-court disposals and are recorded on a person’s criminal record.
Changes in the Law
On 8 April 2013, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 abolished warnings and reprimands for young offenders. These were replaced by youth cautions, which serve as a formal alternative to prosecution for offenders aged 10 to 17 under certain conditions.
Definitions
- Reprimand – Issued for a minor first offence when there is sufficient evidence for prosecution.
- Final Warning – Issued by police for a second offence, regardless of its severity. A serious first offence may also result in a final warning.
Both a reprimand and a final warning are considered non-custodial sentences and must be treated the same as a caution when assessing whether a person meets the good character requirement for British citizenship.
Illegal Entry
From 10 February 2025, any person applying for British citizenship who has previously entered the UK illegally will normally be refused, regardless of how much time has passed since the illegal entry.
However, for applications submitted before 10 February 2025, cases involving illegal entry will still be assessed on an individual basis to determine whether the immigration breach should be disregarded in the character assessment.
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