The following information is based on version 4 of the Home Office Good Character Guidance, updated 31 July 2023. Please note that the guidance is not a guarantee of meeting the Good Character requirement but rather, it provides information on what the Home Office caseworker may decide. Ultimately, the Secretary of State for the Home Department has significant discretion and without the right of appeal (Judicial Review (JR) may be an option to challenge a decision), citizenship can be subject to significant uncertainty, particularly where character/suitability questions arise. This guidance is not intended to replace professional legal advice (IAA level 2 or above for more complex issues) for which you should obtain - Adviser Finder (oisc.gov.uk)
Good Character in relation to minors (those under the age of 18)
The duty in section 55 of the Borders, Citizenship and Immigration Act 2009 to have regard to the need to safeguard and promote the welfare of a child in the UK, together with Article 3 of the UN Convention on the Rights of the Child, means that consideration of the child’s best interests must be a primary consideration in nationality decisions affecting them. The Home Office must ensure they consider how their decision to refuse citizenship could impact the child. Caselaw has demonstrated that depriving a child (minor) of the ability to become British can have significant and detrimental impact on their life, currently and in the future. Judicial Review may be an option to challenge a decision not to grant citizenship to a child (minor). You may be able to apply for a fee waiver for the citizenship application for a child (minor) see - Get a citizenship application fee waiver if you’re under 18 - GOV.UK (www.gov.uk)
The good character requirement applies to a person who is aged 10 or over at the date of application. When assessing whether a child is of good character, the decision maker must take account of any mitigation relevant to the child’s particular circumstances. This may include, for example, whether they were receiving care/support from the local authority, whether they had parental support in their upbringing and any other factors which may have influenced the child (minor). The older the child, the more likely they are to understand their actions, however, the Home Office still have a duty as above.
Factors the Home Office will likely consider
The Home Office will not usually consider a person to be of good character if there is information to suggest that any of the following apply (this is a non-exhaustive list):
• Criminality – where a person has illustrated that they are not prepared to abide by the law for example, they have been convicted of or admitted to a crime or there are reasonable grounds to suspect criminal activity. The Home Office will search the Police National Computer (PNC) which will show arrest/intelligence information, even where no further action was taken.
• International crimes, terrorism and other non-conducive activity – the Home Office will consider if the applicant has been involved in or associated with war crimes, crimes against humanity or genocide, terrorism, or other actions that are considered not to be conducive to the public good. Membership (or previous membership) of organisations, particularly proscribed terrorist organisations or other groups which are deemed a risk to public safety, or British values is highly likely to mean that the applicant will never be granted citizenship.
• Financial soundness – the Home Office will consider how the applicant has dealt with their finances - for example, if they have failed to pay taxes for which they were liable or have accrued significant debt without intention to repay.
• Notoriety - if their activities have been notorious and cast serious doubt on their standing in the local community.
• Deception and dishonesty - if they have been deliberately dishonest or deceptive in their dealings with the UK government, for example they have made false claims to obtain benefits.
• Immigration-related matters - if they have breached immigration laws, for example by overstaying, working in breach of conditions or assisting in the evasion of immigration control, where such matters are not to be disregarded for that person.
• Deprivation - if they have previously been deprived of citizenship.
If the applicant does not clearly fall into one of the categories outlined above but there are doubts about their character, the Home Office may still refuse the application. You may also be required to attend an interview to make an overall assessment.
Criminality:
There has been a significant change in the way decision makers will consider criminality. There is much less certainty than previously.
The decision maker will usually refuse citizenship where the applicant:
• Has received a custodial sentence of at least 12 months in the UK or overseas
• Has consecutive sentences totalling at least 12 months in the UK or overseas
• Is a persistent offender who shows a particular disregard for the law
• Has committed an offence which has caused serious harm
• Has committed a sexual offence or their details are recorded by the police on a register
An applicant will be refused if they have:
• a custodial sentence of less than 12 months and/or
• a non-custodial sentence or out-of-court disposal recorded on their criminal record (for example a simple police caution)
and the decision maker is not satisfied, on the balance of probabilities, that the applicant is of good character.
Considering the balance of probabilities
An assessment of whether a person is of good character on the balance of probabilities, must take account of all available information concerning the applicant’s character, weighing any negative factors around criminality against mitigating factors such as contributions a person has made to society, or any significant proportions of a person’s life spent not offending.
The decision maker must consider the individual circumstances of the case; what may be appropriate for one case will not be appropriate for another. Each application must be carefully considered on an individual basis on its own merits.
Remember that this is on the balance of probability only, so the decision maker only needs to consider whether it is more likely than not that the person is (or is not) of Good Character (greater than 50%). This is significantly lower than the criminal standard, where a court needs to be almost certain (beyond reasonable doubt) that the person is guilty. This may mean that a decision maker will now refuse citizenship in cases which would have previously been granted, particularly in relation to any non-custodial sentences/out-of-court disposals/allegations/arrests which would have previously been disregarded by the decision maker.
Factors to be considered may include:
- The number of non-custodial sentences/out-of-court disposals/custodial sentences of less than 12 months on the applicants record. The more non-custodial sentences and/or out-of-court disposals that are recorded the more likely it is to indicate a persistent offender which may increase the risk of refusal.
- The time that has lapsed since the applicant last received a non-custodial sentence/out-of-court disposal/custodial sentence of less than 12 months. The longer that has lapsed since the non-custodial sentence/out-of-court disposal was given, the less likely for refusal.
- The nature of the offence(s) - minor or more serious and whether drugs or violence are involved. The more serious, violence and drug related offences are likely to increase the risk of refusal.
- The age of the applicant at the time s(he) committed the offence(s). The younger the applicant at the time of the offence, the less likely this will lead to a refusal, particularly if the applicant was a juvenile at the time of the offence, for example, aged 18-21.
- Any other aggravating or mitigating factor(s), i.e. racially, religiously or homophobic related offences and offences against the vulnerable will be aggravating factors. Mental/Physical illness may be a mitigating factor.
It is unlikely that you would be granted citizenship if you have a pending prosecution. If you choose to apply with a pending prosecution you should inform the Home Office of the pending prosecution.
I have breached immigration rules/I was an overstayer in the past; will this lead to a refusal?
Failing to comply with immigration requirements within the 10 years before the date of decision will normally be a reason to refuse an application for British citizenship on the grounds of not meeting the good character requirement.
An immigration breach relating to lawful residence includes:
- overstaying
- illegal entry
- absconding
- failing to comply with the requirements of the EEA Regulations 2016, as saved
An application will normally be refused if, within the previous 10 years (before the date of decision), the person has not complied with immigration requirements, including having:
• failed to comply with (breached) conditions imposed under the Immigration Acts, for example:
o accessed public funds when prohibited from doing so
o worked in the UK without permission to do so
o studied in the UK in contravention of any restrictions on studying
o failed, without reasonable excuse, to report when required to do so
• remained in the UK after their leave, including when leave extended by virtue of section 3C or 3D of the Immigration Act 1971 has expired.
Notoriety
This is a new addition to the Home Office Good Character Guidance.
According to the Home Office, notoriety means the state of being famous or well-known for some bad quality or immoral deeds. A person does not need to have been convicted of a criminal offence to be notorious, but the scale and level of behaviour must reflect so poorly on their character that it would not be appropriate to grant them British citizenship.
Examples of notorious behaviour may include, but are not limited to:
• publicly expressing unsavoury views on a subject such as race, religion or sexuality which do not fall within the definition of extremism, this is likely where the applicant notoriety is seen as at odds with British values. For example, a person protesting in public that they are against same-sex marriage, which is legal in the UK.
• persistent anti-social behaviour such as public drug use or excessive noise pollution
• persistently and deliberately flouting the law
Where there is evidence that a person has, by the scale and persistence of their behaviour, made themselves notorious in their local or the wider community, you must consider refusing the application. This may for example be evidenced through media reporting, items on social media or information provided by members of the public. However, you must be careful not to give credence to comments that are intended to be defamatory or malicious. Where there is uncertainty about the reliability of information which, if true, would-be grounds for refusal, an interview may help substantiate any information received. Please note that the Home Office is likely to search the applicant’s social media accounts and look at historic posts, if you have posted articles or items which are likely to cause offence to others you may be refused citizenship. Think carefully before posting messages.
Civil Issues
You must give details of any relevant civil issues. This can include civil penalties under the UK Immigration Acts, County Court Judgements (CCJs), Bankruptcy, Liquidation, DWP civil penalties, HMRC fines etc….
I was made bankrupt will this cause a refusal?
You will not normally be granted citizenship if your bankruptcy has not been discharged. Even when the bankruptcy has been discharged you may have to wait at least 10 years (since being discharged) before you will be successful unless; the bankruptcy was annulled or it was through little or no fault of your own or you were declared bankrupt abroad.
My company was liquidated will this affect my application?
It depends on the reason for the liquidation. If it was through little or no fault of your own e.g. your business has been severely affected by an economic downturn then your application should not be refused. However, if not, you may have to wait at least 10 years since the liquidation before your application will be successful.
I have a CCJ will this cause a refusal?
A CCJ is not a ground on its own to refuse the application. However, the fact that you have a CCJ may be evidence that you are deliberately and recklessly building up debts with no intention of paying them back which, is a grounds for refusal. Therefore, if you have a CCJ you should include evidence that you are making repayments or that the CCJ has been paid/settled.
You can check whether you have a CCJ registered against you by visiting Trust Online. Although, if your CCJ is settled within one month of being issued it may not be registered.
If you cannot afford to pay your CCJ you can apply to the Court to vary the instalments. See below if you are struggling to pay your debts.
I have an IVA will this lead to a refusal?
Providing you are making repayments this should not indicate that you are deliberately and recklessly building up debts with no intention of paying them back and should not cause a refusal.
I have debts will this lead to a refusal?
Being in debt (even heavily) will alone, not be a grounds for refusal unless the caseworker believes that you are deliberately and recklessly building up debts with no intention of paying them back. If you are making repayments (even if token payments) this should be enough to rebut any assumption. Therefore, you should ensure that you are making some payment each month, if you need help to arrange this see the charities below.
If you are struggling to pay your debts you should seek free, impartial and confidential advice from the National Debtline or Step Change or your local Citizens Advice.
NHS Debt
Where the applicant has an NHS debt of more than £500 this is a ground for refusal under Part 9 of the Immigration Rules. A person will not normally be considered to be of good character if they have outstanding debts to the NHS in accordance with the relevant NHS regulations on charges to overseas visitors.
I did not pay my council tax will this lead to a refusal?
If you fail to pay your council tax this may lead to a refusal. However, if you have arranged with the local authority to pay the council tax arrears (or have paid them back) then you should not be refused.
I am unemployed will this lead to a refusal?
There is no requirement that you need to be employed therefore, this should not lead to a refusal.
I have not paid my taxes will this case a problem?
If you have tax arrears/HMRC penalties you should make arrangements to repay them or dispute them if you do not think you are liable. However, if you have evaded paying your taxes this may result in a refusal (and possible prosecution). Note: that if you are employed (even cash in hand), your employer is responsible for paying your taxes and NI contributions.
I am claiming public funds will I be refused?
Claiming public funds that you are entitled to is fine and will not be grounds for refusal.
However, if you are claiming public funds which you are not entitled to this is likely to result in a refusal. Although, if you claimed public funds you were not entitled to, but there was no deliberate attempt to deceive the authorities, this should not result in a refusal.
Other grounds for refusal
There are other grounds for refusing citizenship applications (e.g. hiring illegal workers, sham marriages etc….) and if you feel that your circumstances may cast doubt on your character and have not been answered here, then start a new thread and/or seek professional advice.
Exceptional Grants
An exceptional case is one where on the facts of the case, the application would normally be refused but there are mitigating circumstances which mean it would be appropriate to grant.
Examples of where applications may be granted include, but are not limited to, cases where:
- the person’s criminal conviction is for an offence which is not recognised in the UK or there is no comparable offence, for example homosexuality or membership of a trade union
- a person in their late sixties has offending committed a long time ago, which would normally require refusal of citizenship due to a 2-year custodial sentence, but over 40 years have passed since the last conviction with no further offending or other adverse factors. When balanced against the earlier offending, the significant proportion of their UK residency that was spent in compliance with the law and avoiding wider character concerns, indicates that they are now of good character
- a person with one single 14-month custodial sentence, from 12 years ago when they were aged 19, which would normally require refusal of citizenship under the sentence-based threshold. Since their conviction they have committed to reform by actively engaging with youth and mental health charities and promoting the reduction of youth crime, indicative that on a balance of probabilities they are now of good character
- a person who has a significant partially unpaid NHS debt that would normally require refusal of citizenship, but who has mitigating circumstances demonstrating that the debt was accumulated for life sustaining treatment which is now impacting their employment opportunities and ability to repay the remainder
For the latest guidance see - Good character: caseworker guidance - GOV.UK (www.gov.uk)
Updated - 02-07-2024