The good character applies to a person who is aged 10 or over at the date of application.
The British Nationality Act 1981 does not define good character, however the guidance sets out factors that Home Office must consider in deciding whether a person is of good character. The Home Office considers a wide range of factors, including the applicant’s criminality (which includes any offences committed abroad), immigration breaches, deception and financial soundness, such as bankruptcy or debt. The list is non-exhaustive and each application is decided on its own merits.
There have been recent updates on the Home Office nationality guidance on the good character requirement. These are:
- Update in line with provisions on lawful residence introduced into the British Nationality Act 1981 by section 9 and Schedule 1 of the Nationality and Borders Act 2022 (NABA)
- Update in line with the differentiation of refugees in section 12 of the NABA 2022
- Clarification that fines imposed under the coronavirus regulations counts as a fixed penalty notice
- Clarification regarding pending prosecutions
- New section on travel bans
Lawful residence
Prior to 28 June 2022, an application could be refused on grounds that the applicant did not meet the lawful residence requirement if any immigration breaches were made in the five-year period before the date of application. Similarly, if an applicant made an immigration breach in the ten-year period, an application could be refused on the basis that they did not meet the good character requirement.
The rules have now amended. An applicant can be considered to have met lawful residence requirement during the qualifying period where they held indefinite leave to remain, without further enquiry.
To align with this change, illegal entry, absconding and overstaying can also be disregarded when assessing good character during the 10-year period, but only where all the following factors apply:
- the person is applying for naturalisation as a British citizen, or registration as a British citizen under s.4(2), 6(1) or 6(2) of the BNA 1981 after 28 June 2022
- that person holds indefinite leave to enter or remain (ILE or ILR, also known as settlement) in the UK
- no concerns (for example, regarding the person’s character) have arisen since the grant of settlement which might cast doubt on the decision
It will remain appropriate to consider some breaches relating lawful residence, alongside other good character factors. These include but are not limited to:
- where historic information has come to light which, had it been known at the time of granting settlement, may have led to refusal
- where something occurred after the grant of settlement to indicate revocation of that status may be appropriate
- applications to naturalise as a British overseas territory citizen
Other immigration breaches that do not relate to lawful residence but a breach of conditions, such as hiring illegal workers, failure to observe reporting requirements, working in breach of conditions, must still be considered.
Update in line with differentiation of refugees in section 12 of the NABA 2022
Section 12 of the NABA 2022 provides two classifications of refugee:
- Group 1 Refugee: where an individual has come to the UK directly from a country or territory where their life of freedom was threatened, and they presented themselves without delay to the authorities
- Groups 2 Refugee: any individual that does not fall under group 1 refugee
When considering an immigration conviction received by an individual granted refugee status, Home Office must consider whether the individual has a defence under section 31 of the Immigration and Asylum Act 1999. Offences that applies to this section are any offence and any attempt to commit an offence under:
- Part 1 of the Forgery and Counterfeiting Act 1981 (forgery and connected offences)
- Section 4 or 6 of the Identity Documents Act 2010
- Section 24A of the 1971 Act (deception)
- Section 26(1)(d) of the 1971 Act (falsification of documents)
Section 31 (1) provides a defence to an individual who came to the UK directly from a country where his life or freedom was threatened or if they could not reasonably have expected to be given protection under the Refugee Convention in a country they were in before arriving in the UK, if they:
- Presented themselves to the authorities in the UK without delay
- Showed a good cause for their illegal entry or presence
- Made an asylum claim as soon as was reasonably practicable after their arrival in the UK
Pending prosecution
Any pending prosecutions include circumstances where an individual is under investigation but has not yet been charged with an offence. This must be disclosed to the Home Office at the time of application, where known.
An application may be refused on grounds of deception if the individual fails to declare a pending prosecution. The Home Office must consider if the outcome of the pending charge or prosecution would have a material impact on the application for citizenship.
Travel Bans
Under section 8B of the Immigration Act 1971 an individual who is the subject of a travel ban must be refused entry clearance or entry to the UK. If the individual is in the UK any permission held must also be cancelled.
An individual who is subject of a travel ban will not normally be considered to be of good character.