Understanding the Good Character Requirement for British Citizenship

Becoming a British citizen is a goal for many individuals who have made the United Kingdom their home. However, there are certain criteria and requirements that applicants must meet to be eligible for British citizenship. One crucial requirement is the “good character” requirement, which is outlined in the British Nationality Act of 1981 (BNA 1981). In this article, we will discuss the good character requirement, explain who it applies to, and why it matters.

Who Does the Good Character Requirement Apply To?

Historically, this requirement has been in place for individuals seeking British citizenship through the naturalisation process. Nevertheless, the requirement it extends to various routes for registering as a British citizen.

What Does “Good Character” Mean?

The good character requirement essentially means that applicants must prove that they are of good character and have upheld the law while residing in the UK. Here are some factors to consider:

Factors Considered in Good Character Assessment:

• Criminality: Applicants must not have been convicted of serious crimes or been involved in criminal activities. Convictions for crimes or reasonable grounds to suspect involvement in crime can affect the assessment.
• International Crimes and Terrorism: Individuals who have been involved in war crimes, terrorism, or activities that are deemed not conducive to the public good may be deemed not of good character.
• Financial Soundness: The applicant’s financial affairs should be in order. This includes paying taxes and managing debts responsibly.
• Notoriety: If an applicant’s activities have been notorious and cast serious doubt on their standing in the local community, it can impact their good character assessment.
• Deception and Dishonesty: Deliberate dishonesty or deception in dealings with the UK government, such as making false claims to obtain benefits, can be a barrier to meeting the good character requirement.
• Immigration-related Matters: Violating immigration laws, such as overstaying or working in breach of conditions, can affect one’s good character status.
• Deprivation of Citizenship: If an applicant has previously been deprived of citizenship, it can impact their good character assessment.

Application of the Requirement to Young Persons: The good character requirement applies to individuals aged 10 or older at the date of application. When assessing whether a child is of good character, the authorities take into account any relevant mitigating circumstances. In cases of ‘looked after children’ in local authority care, additional representation may be considered on their behalf.

Criminal Convictions and Sentences: Having a criminal record does not necessarily lead to application refusal. However, individuals who have not respected or abided by the law may be denied citizenship. Factors considered include the length and seriousness of custodial sentences, consecutive sentences, and patterns of offending.

Convictions and Sentences Outside the UK: Convictions and non-custodial sentences imposed overseas are treated similarly to those imposed in the UK. The severity of the sentence is the starting point for assessment. Convictions for behavior considered legitimate in the UK may be disregarded.

Persistent Offenders: Persistent offenders, individuals who repeatedly break the law or show a pattern of offending over time, are likely to have their applications refused. Even minor offenses can be grounds for refusal if they demonstrate a disregard for the law.

In a significant announcement on July 30, 2023, the UK government unveiled its plan to enhance the criteria for British citizenship applications, aligning them more closely with the Immigration Rules. These changes represent a substantial shift in the assessment of good character for those seeking British citizenship. Below, we delve into the revised requirements and their implications.Top of Form

Under the updated system, there’s a fresh approach to assessing good character for British citizenship applications. Here’s what you need to know:

1. Custodial Sentences of 12 Months or More: If an applicant has been sentenced to 12 months or more in prison, whether in the UK or abroad, their application will typically be refused.

2. Consecutive Sentences totaling at least 12 Months: If someone has received consecutive sentences adding up to 12 months or more, their application will also likely face refusal.

3. Persistent Offenders: Individuals who repeatedly break the law and show a consistent disregard for it will typically have their applications refused.

4. Offences Causing Serious Harm: If the applicant has committed an offence that has caused significant harm, this can lead to refusal.

5. Sexual Offences or Police Register Record: Applicants who have committed sexual offences or have their details recorded by the police on a register may have their applications denied.

Custodial Sentences Less Than 12 Months or Non-Custodial Sentences: For individuals with custodial sentences less than 12 months or non-custodial sentences, their applications will be refused unless the Home Office is satisfied, based on the ‘balance of probabilities,’ that they are of good character.

What is Balance of Probabilities?

When assessing an applicant’s good character, authorities weigh negative factors such as criminality against mitigating factors, including contributions to society or periods of law-abiding behaviour.

Transitional Rules:

Please note that for the applications submitted before July 31, 2023, if a decision is still pending, the guidance indicates that the application will usually be refused if the applicant meets the following criteria:

• Custodial sentence of at least 4 years.
• Custodial sentence of at least 12 months but less than 4 years, unless 15 years have passed since the end of the sentence.
• Custodial sentence of less than 12 months, unless 10 years have passed since the end of the sentence.

Non-custodial sentence or out-of-court disposal recorded on their criminal record occurring in the 3 years before the application date.