Illegal entry and the good character test: how the 10 February 2025 change affects citizenship

Since 10 February 2025, anyone applying for British citizenship who entered the UK illegally — or who arrived without valid entry clearance after a "dangerous journey" such as a small boat — will normally be refused on good character grounds, no matter how long ago it happened. This is a major tightening of Home Office policy, and it can affect people who later claimed asylum and were granted refugee status or other leave to remain.

This is general information, not legal advice. If illegal entry is part of your history, the rules below can be life-changing for your application, so get advice on your own case from a regulated adviser before you apply.

What actually changed on 10 February 2025

The Home Office updated its good character caseworker guidance so that, with limited exceptions, illegal entry "will normally be a reason to refuse an application regardless of the time that has passed."

This is different from most other immigration breaches. For things like overstaying, the guidance generally looks back over the 10 years before the decision. But illegal entry now carries a time-unlimited refusal presumption. Someone who entered without permission 12 or 15 years ago, built a settled life, got indefinite leave to remain, and now wants to naturalise can still be caught by this rule.

What counts as a "dangerous journey"

The guidance also targets people who arrived without the required valid entry clearance or electronic travel authorisation after making a dangerous journey. In its own words:

So arriving on a normal flight and later overstaying is treated differently from arriving by small boat or hidden in a lorry. The dangerous-journey arrival attracts the same "normally refuse" presumption as illegal entry.

What this means if you later got refugee status or other leave

This is the part that surprises many people. Being recognised as a refugee — or being granted humanitarian protection or another form of leave — does not automatically cancel out the way you entered the country for citizenship purposes.

Many refugees arrive without documents because that is the nature of fleeing persecution. There is a long-standing defence under section 31 of the Immigration and Asylum Act 1999 for refugees who present themselves to the authorities without delay and show good cause for their illegal entry. The Home Office has confirmed this defence is a relevant factor caseworkers must consider — but the guidance does not say how much weight it carries, and it does not guarantee that the presumption of refusal will be set aside.

In practice, this means a person can hold a perfectly valid refugee status and settled status, yet still face refusal of citizenship because of how they first arrived. It does not affect their right to remain in the UK — only their eligibility to naturalise.

Exceptions and mitigating factors

The presumption can be overcome. The guidance allows exceptional grants where mitigating circumstances apply, and points to several factors:

• Children: breaches committed when the person was a child will normally be disregarded where it is accepted the breach was outside their control.
• Trafficking and modern slavery: the guidance gives the example of a recognised trafficking victim granted refugee status, with no other character concerns, as someone who might receive an exceptional grant.
• Circumstances outside the person's control, and the section 31 refugee defence.

These are discretionary, fact-specific assessments — exactly the kind of case where a tailored argument from a regulated adviser can make the difference.

Applications made before 10 February 2025

If you applied before 10 February 2025, you are assessed under the previous framework, where illegal entry more than 10 years before the decision was typically disregarded. The new, stricter rule only bites on applications made on or after that date.

What to do now

If illegal entry or a dangerous-journey arrival is anywhere in your history, do not assume your refugee status or years of residence will carry you through. Because refusal is now the default, the quality of your application — and any mitigation you put forward — matters enormously.

Before you spend the citizenship fee, speak to a regulated OISC adviser or immigration solicitor about whether to apply now, wait, or strengthen your case first. While you keep your English and knowledge of the UK sharp, you can use our free Life in the UK practice — but the good character question is one to get professional eyes on.