Recently, we received an inquiry about a British citizenship application that was rejected.

The applicant had already obtained permanent residency (ILR) in the UK, met the residency requirements, and had no criminal record. However, the UK Home Office still rejected his citizenship application.

What was the reason?

There's only one answer:

the Good Character requirement.

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Case Background

The applicant entered the UK in 2018.

According to Home Office records, he at the time:

• Entered the UK hiding behind a camper van;
• Was deemed an Illegal Entry;
• Was also a Dangerous Journey.

Subsequently, he applied for asylum and was eventually granted permanent residency (ILR).

Many people believe that:

Now that he has obtained permanent residency, there shouldn't be any problems applying for British citizenship later.

In fact, this understanding will no longer be correct after 2025.

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Significant Policy Changes from February 10, 2025

The UK Home Office updated its Good Character Guidance on February 10, 2025.

The new policy stipulates that anyone applying for British citizenship after February 10, 2025, will, in principle, be refused entry if they have ever entered the UK illegally.

Furthermore:

This applies regardless of how long ago the illegal entry occurred.

（source：https://www.gov.uk/government/publications/good-character-caseworker-guidance/good-character-requirement-accessible#immigration-related-issues）

In other words:

Not five years;

Not ten years;

Rather:

Regardless of the time that has passed.

Anyone applying for British citizenship after February 10, 2025, will generally be refused if they have ever entered the country illegally, regardless of how long ago the incident occurred.

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What constitutes a Dangerous Journey?

Many people believe that a Dangerous Journey is simply traveling by small boat.

❎ This is not the case.

The Home Office's official policy clearly states that a Dangerous Journey includes (but is not limited to):

✅ Small boat

✅ Hiding inside a truck

✅ Hiding inside a van

✅ Concealed in a vehicle

Therefore, the applicant in this case: entered the UK hiding behind a camper van.

This falls under the clearly defined Dangerous Journey category in the policy.

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Why can't I apply for citizenship even after obtaining an ILR?

This is a common misconception among applicants.

Obtaining an ILR (Indefinite Leave to Remain) means:

the British government allows you to reside permanently in the UK.

However: Applying for British citizenship is under a separate legal system.

Naturalization requires, in addition to:

✔ Length of residency

✔ English proficiency

✔ Life in the UK

also:

Good Character Requirement

The Home Office will review the applicant's overall character, including past immigration history.

Therefore:

Obtaining an ILR ≠ Guaranteed British Citizenship.

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Does this mean all refugees will be rejected?

Answer: ❎ No.

Many media reports only show:

"Illegal Entry = Refuse"

In fact, there is a very important exception to the policy.

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Important Exception: Section 31 Defence

Section 31 of the UK Immigration and Asylum Act 1999 is a protection mechanism established to implement Section 31 of the Refugee Convention 1951.

If a refugee meets the relevant conditions, they may not be refused citizenship solely because of illegal entry.

Generally, the following conditions must be met:

• Directly from a country or region where their life or liberty is threatened;
• Upon arrival in the UK, they promptly apply for asylum with the UK authorities without unjustified delay;
• They can demonstrate a legitimate reason for their illegal entry or stay.

If the applicant transited through a third country before arriving in the UK, they must also prove:

• There is no reasonable expectation that they will receive protection under the Refugee Convention in that third country.

If the above requirements are met, Section 31 Defence applies.

In this case:

The Home Office should not refuse a British citizenship application solely because of illegal entry in that year.

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Why was this case still rejected?

In this case,

the Home Office explicitly stated:

The applicant:

• had previously transited through France;
• had previously transited through Italy;

And:

both France and Italy are signatories to the 1951 Refugee Convention.

Therefore, the Home Office believed:

the applicant could seek international protection locally,

therefore:

section 31 Defence did not apply.

Therefore, illegal entry was still considered a negative factor for the "Good Character" application, ultimately leading to its rejection.

If this is indeed the case, is there any possibility of amnesty? The answer is yes!

👇👇👇

Section 31 Defence also preserves an exception:

Even if the application should have been rejected according to policy, citizenship can still be exceptionally granted if there are mitigating circumstances, but it must be approved by the Chief Caseworker.

However, the rejection letter in this case explicitly stated:

"You did not provide any representations that might support an exceptional grant..."

This indicates that the Home Office believed the application lacked sufficient statements or evidence to support an exceptional grant.

Therefore, considering both official policy and the refusal letter, this case reflects

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Is there still a chance?

Rejection of British citizenship (Naturisation):

No right of appeal.

Applicants can typically only consider:

• Requesting a reconsideration from the Home Office;
• Applying for a Judicial Review if there is an error in public law;
• Or reapplying as appropriate.

However, it's important to note:

A Judicial Review is not a re-examination of the case.

The court examines:

Whether the Home Office made its decision lawfully.

If the Home Office has correctly applied current policies and fully considered the relevant facts, a judicial review may not be successful.

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Our Recommendation

With the tightening of the Good Character policy in 2025, individuals with a history of illegal entry, dangerous travel, or smuggling should undergo a professional legal assessment before applying for British citizenship, rather than submitting an application directly.

This is especially true for those involved in:

• Small boat entry;
• Entry by concealed van, truck, or other means of transport;
• Previous asylum application;
• Refugee status;
• Obtaining an ILR after illegal entry;

They should analyze in advance whether there are any special circumstances that could qualify for Section 31 Defence or other exceptions that might support an Exceptional Grant before deciding whether to apply, to avoid incurring application fees only to face rejection.

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Star Jet Immigration Law Firm

If you have any questions regarding UK permanent residency, UK citizenship, the Good Character requirement, refugee status, or judicial review, please contact us for professional legal advice. Our team will assess the best legal option for you based on your specific circumstances.

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