The New Implications of Illegal Entry and Dangerous Journeys for UK Naturalisation Applications
On 10 February 2025, the UK government updated its guidance on naturalisation applications, specifically targeting those who have entered the country illegally or undertaken dangerous journeys. The Home Office stance now is that such applications will “normally be refused,” regardless of when the illegal entry or dangerous journey happened. This could significantly impact many who have lived in the UK for years without any other good character concerns.
Page 50 of the updated guidance states:
“Any person applying for citizenship from 10 February 2025, who previously entered the UK illegally will normally be refused, regardless of the time that has passed since the illegal entry took place.”
What’s New in the Naturalisation Process?
The updated guidance focuses on individuals who have entered the UK unlawfully or made perilous journeys, such as crossing borders illegally or using unsafe routes like smuggling networks or dangerous sea crossings. From 10 February 2025, any applicant involved in illegal entry or risky travel will normally see their citizenship application denied, regardless of how long they have been in the UK. Those who applied before this date will have their cases reviewed individually, considering whether illegal entry should be disregarded for the character assessment.
Who Does This Affect?
This rule affects several groups, including:
- Those who entered the UK illegally: This includes individuals who arrived without valid documentation or through unauthorised routes, like stowing away.
- People who made dangerous journeys: Individuals who took high-risk routes, often involving smuggling or unsafe crossings, will face challenges. The government is particularly concerned with those who passed through high-risk countries.
- Asylum seekers and refugees: Many who fled war or persecution may have had no choice but to take perilous routes to reach safety. These individuals may now struggle to prove their good character, despite their humanitarian reasons for travelling to the UK.
- Those without regularised immigration status: Individuals who entered unlawfully and later sought to regularise their status will need to prove that their illegal entry or journey does not undermine their character.
What Does “Normally Be Refused” Mean?
The phrase “normally be refused” suggests that in most cases, applications from individuals involved in illegal entry or dangerous journeys will be rejected. However, the Home Office assesses each case on its own merit and has a discretion to grant an application. In rare cases, an individual might still qualify for citizenship if they have regularised their status, lived lawfully in the UK for a long time, and contributed positively to society. Also, humanitarian factors, like fleeing from danger, might also be considered, but there is no guarantee.
How Will This Change the Naturalisation Process?
This position places more scrutiny on the applicant’s entry into the UK. Previously, those who entered unlawfully could still be granted citizenship if they had integrated into society and been law-abiding. Now, the mere fact of illegal entry or dangerous travel could result in a refusal, making it harder for many applicants to prove they qualify for citizenship.
What Can Applicants Do to Prepare?
If you are considering applying for naturalisation and have concerns about your immigration history, there are steps you can take:
- Seek legal advice: Consult with an immigration lawyer to understand how the new rule affects you. They can help you assess your situation and guide you through the process. it is advisable to seek expert legal advice to ensure the best chance of success.
- Ensure compliance with immigration laws: If you entered unlawfully, focus on regularising your status and showing that you have complied with immigration laws since then.
- Document your journey: If you made a dangerous journey due to circumstances like fleeing persecution, gather evidence that explains the necessity of your actions. This will not guarantee success but could help demonstrate your circumstances.
- Provide evidence of good character: Show how you have contributed positively to British society. Evidence of employment, community involvement, or volunteering can help demonstrate that you meet the good character requirement.
The guidance goes on to explain that an ‘exceptional grant’ of citizenship may be appropriate in certain circumstances, for example:
‘a person who entered illegally 14 years ago would normally require refusal of citizenship as an illegal entrant but has been recognised as a victim of trafficking and subsequently granted refugee status. They haven’t acquired any other notable adverse character issues during their residency, indicative that on a balance of probabilities they are now of good character’
While this provides helpful options for individuals who meet the above exception, the process remains uncertain for thousands of refugees.
How to get support if you are uncertain about your eligibility:
The updated provision regarding illegal entry and dangerous journeys marks a significant shift in the naturalisation process. It could disproportionately affect vulnerable individuals, such as asylum seekers. Anyone applying for British citizenship must understand these changes to navigate the process effectively. If you are uncertain about your eligibility and have concern about this then our experienced team of immigration lawyers can assist. We offer a free initial consultation and provide flexible services depending on your needs.