British Citizenship Rule Changes 2026: Good Character Explained

The rules and Home Office guidance surrounding British citizenship applications have changed significantly in recent years, particularly in relation to the good character requirement.

For anyone considering applying for British citizenship by naturalisation, previous criminal convictions, immigration breaches or the circumstances in which they entered the UK can potentially affect the outcome of their application.

Changes introduced in July 2023 altered how criminality is assessed, while controversial Home Office guidance introduced in February 2025 significantly tightened the approach to previous illegal entry into the UK.

The good character guidance was updated again on 30 April 2026, including further clarification on illegal entry, international obligations and circumstances where an individual may not have been in control of their entry or presence in the UK.

So, what do the current British citizenship rules mean for applicants?

What Is the Good Character Requirement for British Citizenship?

Under the British Nationality Act 1981, many people applying for British citizenship must satisfy the Home Office that they are of good character.

There is no single statutory definition of good character.

Instead, the Home Office assesses a range of factors, which can include:

• criminal convictions and other offending;

• immigration law breaches;

• deception and dishonesty;

• financial issues in certain circumstances;

• involvement in serious criminal or unlawful activity; and

• other conduct that may raise questions about an applicant’s character.

The Home Office assesses each application individually and applies the balance of probabilities when deciding whether the applicant meets the good character requirement. Positive factors and mitigating circumstances can also be relevant.

British Citizenship and Criminal Convictions: What Changed in July 2023?

On 31 July 2023, the Home Office changed its good character guidance to bring the criminality thresholds for citizenship applications more closely into line with Part 9 of the Immigration Rules.

For applications made from that date, an application will normally be refused where the applicant:

• has received a custodial sentence of 12 months or more in the UK or overseas;

• has consecutive custodial sentences totalling at least 12 months;

• is considered a persistent offender showing a particular disregard for the law;

• has committed an offence that caused serious harm; or

• has committed a sexual offence or has their details recorded by the police on a relevant register.

This makes criminal history an important consideration for anyone planning to apply for British citizenship.

What About a Prison Sentence of Less Than 12 Months?

A sentence of less than 12 months does not automatically mean that citizenship will always be refused.

Under the current guidance, where an applicant has received:

• a custodial sentence of less than 12 months; or

• a non-custodial sentence or an out-of-court disposal recorded on their criminal record,

the Home Office considers whether, on the balance of probabilities, the applicant should nevertheless be regarded as being of good character.

Relevant factors can include:

• how long ago the offence occurred;

• the seriousness and circumstances of the offence;

• whether there has been repeated offending;

• whether offending has escalated;

• the applicant’s age at the time;

• evidence of subsequent good character; and

• any exceptional or mitigating circumstances.

This is an important distinction from the previous version of this article. A minor conviction does not necessarily result in an automatic refusal, but it must be assessed carefully before an application is submitted.

Do Spent Convictions Affect a British Citizenship Application?

Applicants should not assume that an old conviction is irrelevant simply because considerable time has passed.

The Home Office can take historic criminality into account when considering good character. The precise disclosure requirements can also differ depending on the nature of the conviction or disposal and, in some circumstances, where the applicant lives.

Anyone with a criminal history should therefore obtain advice before deciding that a conviction or caution does not need to be disclosed.

Failing to disclose information that should have been provided can create an additional problem because the Home Office may consider whether there has been deception or dishonesty.

Illegal Entry and British Citizenship: The February 2025 Change

One of the most significant recent changes concerns applicants who previously entered the UK illegally.

For citizenship applications made from 10 February 2025, Home Office guidance states that a person who previously entered the UK illegally will normally be refused British citizenship, regardless of how much time has passed since the illegal entry occurred.

This represented a substantial tightening of the previous approach.

Before 10 February 2025, illegal entry was generally considered within a different framework, including consideration of whether the breach fell within the preceding 10 years and whether it could be disregarded in the circumstances.

Importantly, however, the current policy does not mean that every person who has ever entered the UK illegally is automatically and permanently barred from becoming a British citizen.

The word “normally” matters.

There are circumstances in which the Home Office must consider additional factors.

What Is a “Dangerous Journey” Under the Citizenship Guidance?

The Home Office guidance also deals specifically with people who arrived in the UK without required valid entry clearance or an Electronic Travel Authorisation after making what it describes as a dangerous journey.

For applications made from 10 February 2025, such an application will normally be refused regardless of how much time has passed.

The guidance says a dangerous journey includes, but is not limited to:

• travelling to the UK by small boat; or

• travelling while concealed in a vehicle or another form of transport.

By contrast, the guidance gives arrival as a passenger on a commercial airline as an example that would not, by itself, constitute a dangerous journey for this purpose.

Are There Exceptions for Refugees, Trafficking Victims or Children?

This is one of the most important areas in which the current guidance needs to be read carefully.

The Home Office’s April 2026 good character guidance expressly addresses circumstances where illegal entry, overstaying or arrival without the required permission may have been outside the person’s control.

Trafficking and Modern Slavery

The guidance says it will normally be appropriate to disregard relevant immigration breaches where they were outside the applicant’s control.

One example is where reliable evidence shows that the individual was trafficked into the UK, including circumstances where the person has received a positive decision through the National Referral Mechanism.

Applicants Who Were Children

The Home Office also recognises that an immigration breach that occurred when somebody was a child may not have been within their control.

The applicant’s age and circumstances at the time can therefore be highly relevant.

Refugees

Refugee cases require particularly careful consideration.

The current guidance recognises the protection reflected in section 31 of the Immigration and Asylum Act 1999, derived from Article 31 of the Refugee Convention.

Where an applicant has a valid section 31 defence in relation to illegal entry or unlawful presence, the guidance states that citizenship must not be refused solely because of the illegal entry or overstaying covered by that defence. Other good-character issues can still be considered.

Whether the protection applies is highly fact-specific, including issues such as the applicant’s journey to the UK, when they presented themselves to the authorities and when they claimed asylum.

This is therefore an area where applicants should avoid assuming either that they will definitely be refused or that refugee status automatically removes all good-character concerns.

Does Having ILR Mean Previous Immigration Breaches Are Ignored?

Not necessarily.

Changes introduced by the Nationality and Borders Act 2022 mean that, in certain circumstances, a person holding Indefinite Leave to Remain (ILR) can be treated as satisfying the lawful residence requirement without the Home Office having to investigate every previous residence issue.

However, this does not mean all immigration history becomes irrelevant to the good character requirement.

The Home Office guidance identifies particular immigration breaches that may still need to be considered, and illegal entry is treated differently for citizenship applications made from 10 February 2025.

Applicants should therefore avoid assuming that obtaining ILR automatically resolves every historic immigration issue for the purposes of naturalisation.

Other British Citizenship Requirements Still Apply

The good character requirement is only one part of a naturalisation application.

Depending on the route under which a person applies, other requirements can include:

• holding the required immigration status;

• satisfying the relevant residence period;

• being physically present in the UK at the beginning of the qualifying period;

• remaining within the permitted absence limits;

• meeting the English language requirement;

• passing the Life in the UK Test;

• being free from immigration time restrictions where required; and

• meeting the future intentions requirement where applicable.

For a standard naturalisation application under section 6(1) of the British Nationality Act 1981, the usual qualifying period is five years. Different provisions apply to people applying on the basis of marriage or civil partnership to a British citizen.

What Should You Do If You Have a Criminal or Immigration History?

If there is anything unusual in your immigration or criminal history, it is sensible to assess the issue before paying the citizenship application fee.

1. Disclose Relevant Information Accurately

Do not deliberately omit adverse information because you believe it is too old or unimportant.

A failure to disclose material information can itself create good-character concerns.

2. Review Your Complete Immigration History

Consider more than your current immigration status.

Previous overstaying, illegal entry, breaches of conditions, asylum history and the circumstances surrounding previous immigration applications may all potentially be relevant.

3. Gather Evidence of Mitigating Circumstances

Where there is an adverse factor, supporting evidence can be crucial.

Depending on the circumstances, this might include evidence relating to:

• rehabilitation;

• the age of the applicant when events occurred;

• trafficking or modern slavery;

• circumstances outside the applicant’s control;

• refugee status and the circumstances of arrival;

• errors made by a public authority; or

• substantial evidence of subsequent good character.

4. Do Not Assume That “Normally Refused” Means “Automatically Refused”

Home Office nationality guidance repeatedly requires cases to be considered on their individual merits.

At the same time, discretion should not be treated as a guarantee that an application will succeed.

Where the guidance identifies a factor that would normally lead to refusal, an applicant should understand the strength of their case before submitting the application.

5. Seek Advice Before Applying

British citizenship applications can be expensive, and nationality law is highly fact-sensitive.

Professional advice can be particularly valuable where an applicant has:

• entered the UK illegally;

• travelled to the UK through an irregular or dangerous route;

• claimed asylum;

• overstayed;

• received a criminal conviction;

• received a caution or other disposal;

• previously used deception in an immigration application; or

• experienced circumstances involving trafficking or modern slavery.