In 2024, the UK Home Office quietly updated the guidance for assessing the good character requirement in nationality applications – and it has serious implications for many would-be British citizens. This change may affect people with old criminal convictions, historic immigration issues, or even minor infractions they thought were long behind them.
If you’re applying for British citizenship or supporting someone who is, it’s vital to understand who is now at risk of refusal. In this article, we explain the recent changes to the good character policy, who they affect and what you should do if you’re concerned – along with how to arrange a free 30-minute consultation with an immigration solicitor for personalised advice.
What is the good character requirement?
The good character requirement applies to anyone aged 10 or over applying for British citizenship. It’s the Home Office’s way of ensuring applicants are law-abiding, honest and fit to become UK citizens. Factors taken into account include criminal convictions, immigration history, financial conduct, dishonesty and behaviour that undermines public trust or UK values. Even if you’ve lived in the UK for decades or have settled status, failure to meet this requirement can result in your application being refused.
What changed in the good character policy?
In July 2023, the Home Office updated its Nationality Guidance: Good Character Requirement to strengthen the refusal grounds for applicants with criminal or immigration-related histories. Key changes include:
- Longer look-back periods for criminal convictions – A prison sentence of 4 years or more results in automatic refusal, no matter how long ago it occurred. Sentences between 12 months and 4 years will usually lead to refusal unless 15 years have passed. Convictions resulting in non-custodial sentences, such as fines or community service, now have a 10-year threshold, up from the previous 3 years.
- Tighter scrutiny of immigration breaches – The updated guidance takes a firmer stance on previous overstays, illegal entry and providing false information on visa applications. Even historic immigration breaches may now count against you, especially if they show a pattern of non-compliance.
- Stronger enforcement of deception and dishonesty – Using false documents or misleading the Home Office – even in previous applications – is more likely to lead to refusal, regardless of when it happened.
Who is most at risk under the new guidance?
You may be at higher risk of refusal if you have a criminal conviction, overstayed a visa or entered the UK unlawfully, used false documents or aliases, had immigration enforcement action taken against you, or owe debts to the Home Office such as unpaid removal costs or NHS charges. Even if these events were resolved long ago, they may still be recorded and considered by the Home Office.
What about people with spent convictions?
Although many convictions become “spent” under UK law, the Home Office does not follow the Rehabilitation of Offenders Act when deciding citizenship cases. This means that even spent convictions can lead to refusal, especially if they were serious or suggest a pattern of behaviour.
Can you still apply for citizenship?
Yes – but you need to be cautious. If your record includes anything that might raise concern, you should seek legal advice before applying, be completely honest in your application and provide evidence of positive conduct and rehabilitation. Letters of reference, a clear personal history since the incident and explanation of the circumstances can all help.
What if your application is refused?
If your citizenship application is refused due to good character, you may need to wait until the relevant time has passed (often 10 to 15 years depending on the issue), reapply with stronger evidence, or, in limited cases, consider a judicial review. Legal advice is essential to understand your options.
Don’t risk your future on a technicality
The updated good character guidance makes refusal more likely in cases with any criminal, immigration or dishonesty-related history. Applying without legal advice can be risky – and costly if you’re refused. Our experienced immigration solicitors can assess your case, explain your options and help you submit a well-prepared application.
With Osbourne Pinner Solicitors, you can schedule a free 30-minute consultation with an immigration solicitor today. Contact us using the form below, call 0203 983 5080 or email [email protected]. We offer appointments via video call or in person at our offices in London (Harrow, Canary Wharf or Piccadilly Circus) or Manchester City Centre.
