British Nationality Applications: Updated Good Character Guidance 

British Nationality Applications: Updated Good Character Guidance 

Those applying to Register as a British Citizen or Naturalise as a British Citizen must satisfy a good character requirement.

The British Nationality Act 1981 does not define good character. Instead, Home Office Policy Guidance provides instructions the decision maker must follow when assessing good character.

The following areas will be considered by the decision maker:

• Criminality
• Deception and dishonesty
• Failure to comply with UK immigration requirements
• Financial soundness
• Immigration-related matters
• International crimes, terrorism, and other non-conducive activity
• Notoriety

Further, to the Home Secretary’s recent announcement of the crackdown on criminals receiving citizenship, Home Office policy guidance on good character has been updated.  

Updated guidance now provides:

A person will normally be refused if they: 

• have received a custodial sentence of at least 12 months in the UK or overseas 
• have consecutive sentences totalling at least 12 months in the UK or overseas 
• are a persistent offender who shows a particular disregard for the law 
• have committed an offence which has caused serious harm 
• have committed a sexual offence or their details are recorded by the police on a register 

A person must be refused if they have: 

• a custodial sentence of less than 12 months 
• a non-custodial sentence or out-of-court disposal recorded on their criminal record 

and you are not satisfied, on the balance of probabilities, that they are of good character. 

This policy change is significant as the policy previously read:

An application will normally be refused if the applicant has received: 

• a custodial sentence of at least 4 years 
• a custodial sentence of at least 12 months but less than 4 years unless a period of 15 years has passed since the end of the sentence 
• a custodial sentence of less than 12 months unless a period of 10 years has passed since the end of the sentence 
• a non-custodial sentence or out-of-court disposal that is recorded on their criminal record which occurred in the 3 years prior to the date of application 

Given these significant changes, it will be of crucial importance that applicant’s affected present all mitigating factors effectively and emphasise all material factors to be considered in the balance of probabilities assessment.  

BHD Solicitors have a strong reputation in dealing with complex nationality applications. Our team of specialist solicitors work with leading barristers in this niche area to secure the outcome you need. Our team would be happy to discuss any queries you have, please contact BHD Solicitors London.