An immigration breach relating to lawful residence includes overstaying, illegal entry and absconding.
Prior to 28 June 2022, immigration breaches in the 5-year period before a citizenship application were normally a reason for refusal of citizenship on the grounds of not meeting the lawful residence requirement set out in
section 4 and section 6 (read with paragraphs 1 and 2 of Schedule 1) of the British Nationality Act (BNA) 1981. If the breach was in the 10-year period before a citizenship application, it was normally grounds for refusal of citizenship on the basis of not meeting the good character requirement.
Schedule 1 of the Nationality and Borders Act 2022 (NABA 2022) amended the requirements for naturalisation and registration for British citizenship under sections
4(2),
6(1) and 6(2) of the BNA 1981, so that a person can be treated as meeting the lawful residence requirement during the qualifying period without further enquiry where they hold indefinite leave to enter or remain in the UK. This change commenced on 28 June 2022.
This change does not extend to applications to naturalise as a British overseas territory citizen.
To align with changes to the qualifying period, where a person has committed immigration breaches relating to:
- illegal entry
- absconding
- overstaying
- failing to comply with the requirements of the EEA Regulations 2016, as saved
may be
disregarded when assessing good character during the
10-year period prior to the application, but only where
all of 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
Therefore, applications
where it remains appropriate to consider immigration breaches relating to lawful residence, alongside other good character factors, may 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
Immigration breaches that do not relate to lawful residence (for example working in breach of conditions, hiring illegal workers, or failure to observe reporting requirements) must still be considered.
See
Naturalisation as British citizen by discretion
