A British citizenship refusal can come as a shock, particularly if you have lived in the UK for many years, obtained indefinite leave to remain (ILR), and believed that problems with your earlier immigration history were behind you.
However, the Home Office changed its approach to illegal entry and the good character requirement for British citizenship in February 2025. For citizenship applications made from 10 February 2025, previous illegal entry will normally lead to refusal regardless of how long ago it occurred.
That does not mean refusal is inevitable in every case. The circumstances of a person’s entry can matter, particularly where the person was not responsible for those circumstances or where refugee protections, including section 31 of the Immigration and Asylum Act 1999, are relevant.
British Citizenship Good Character Requirement: What Does It Mean?
An adult applying to naturalise as a British citizen must normally satisfy the British citizenship good character requirement under the British Nationality Act 1981.
Good character is not limited to criminal convictions. The Home Office considers a range of matters, including immigration breaches, deception, dishonesty and other relevant conduct when deciding whether the requirement is met. The current guidance expressly treats previous illegal entry as relevant to this assessment.
Does the 10-Year Rule Still Apply to Illegal Entry?
Applicants may have heard that an immigration breach would cease to affect good character once ten years had passed. For illegal entry, applicants making a citizenship application now should not rely on that assumption.
Under the current policy, the passage of ten years does not, by itself, remove previous illegal entry from consideration. Someone who entered the UK illegally many years ago should therefore consider how the current good character guidance applies before submitting a citizenship application.
Does Illegal Entry Automatically Prevent British Citizenship?
No. The word “normally” in the Home Office policy is important. It does not mean that every person who previously entered the UK illegally must inevitably be refused citizenship.
The current good character guidance includes additional considerations relating to international obligations and situations where a person was not in control of their illegal entry or presence in the UK. This means the circumstances surrounding the original entry can be important, particularly in cases involving trafficking, children or other circumstances outside the applicant’s control.
Refugees, Illegal Entry and Section 31
Refugees require particularly careful consideration because the fact that someone entered the UK illegally does not necessarily explain the circumstances in which they travelled.
One important provision is section 31 of the Immigration and Asylum Act 1999, which provides a statutory defence against specified offences in certain circumstances and reflects protections associated with Article 31 of the Refugee Convention.
Relevant issues can include whether the person came directly from a territory where their life or freedom was threatened, whether they presented themselves to the authorities without delay, whether they had good cause for their illegal entry or presence, and whether they claimed asylum as soon as reasonably practicable.
Where an applicant travelled through other countries before reaching the UK, their route and whether they could reasonably have been expected to obtain protection elsewhere may also require consideration.
Crucially, the current Home Office good character guidance provides that an applicant with a valid section 31(1) defence must not be refused citizenship solely because of the illegal entry or overstaying covered by that defence. Other good character matters can still be considered.
Section 31 therefore does not guarantee British citizenship, but it can be highly relevant to how previous illegal entry is assessed.
What Did the High Court Say About Illegal Entry and British Citizenship in 2026?
The High Court considered this issue in R (Alibiari) v Secretary of State for the Home Department [2026] EWHC 1623 (Admin).
The claimant was an Egyptian national who travelled through Italy, France and Belgium before entering the UK concealed in a lorry. He was subsequently recognised as a refugee, but his British citizenship application was refused under the good character policy.
The High Court held that the Secretary of State was entitled to regard illegal entry or irregular arrival as conduct capable of indicating that an applicant did not satisfy the good character requirement.
Importantly, however, the Court confirmed that “normally” did not mean “inevitably.” An applicant could explain why, despite the illegal entry or irregular arrival, their circumstances meant citizenship should nevertheless be granted.
My British Citizenship Application Has Been Refused – What Can I Do?
The starting point is the refusal decision itself. It is important to establish precisely why the Home Office concluded that the good character requirement was not met and whether relevant circumstances and evidence were properly considered.
Depending on the circumstances, the next step may involve seeking reconsideration or considering a fresh citizenship application.
Requesting Reconsideration
There is no ordinary statutory right of appeal against a refusal of naturalisation. However, the Home Office has a procedure for requesting reconsideration of certain nationality decisions.
Reconsideration may be appropriate where an applicant believes the original decision was not correctly made according to the applicable law, policy or procedure. The Home Office expects a reconsideration request to be submitted within six months of the decision.
Making a Fresh British Citizenship Application
In some cases, a fresh application may be more appropriate. However, applying again without addressing the reason for the previous refusal can result in another refusal and further expense.
Before reapplying, it may be important to consider whether the Home Office correctly characterised the applicant’s immigration history, whether section 31 is relevant, whether circumstances were outside the applicant’s control, and what evidence should be provided.
How NFTech Legal Can Help
NFTech Legal advise on private immigration matters, including British citizenship applications and refusals, reviewing the reasons for refusal, assessing relevant immigration history and considering the appropriate next steps.
If your British citizenship application has been refused because of illegal entry, or you are concerned that previous illegal entry may affect an application you are planning to make, obtaining advice before making a further application can help identify the issues that need to be addressed.
Author: Farhan Waleed is a Founder and Director of NFTech Legal and an IAA Level 3 Immigration Adviser. He advises individuals on UK immigration and nationality matters, including British citizenship, indefinite leave to remain (ILR), human rights and complex immigration cases.
Disclaimer: This blog is for general informational only and does not amount to regulated immigration advice. Immigration law and Home Office policy may change, and individual circumstances vary. Any immigration advice is provided exclusively by an authorised adviser at NFTech Legal.