The ‘good character’ requirement is a set of conditions used by the UK’s Home Office when deciding applications for naturalisation and certain applications for registration as a British citizen. They assess whether applicants have a history of respecting the law and acting honestly and responsibly. It applies to applicants aged 10 or over who apply for naturalisation or for registration under certain British citizenship routes. The British Nationality Act 1981 does not define “good character”. Rather, the Home Office considers the applicant’s conduct and circumstances as a whole. If the Home Office is not satisfied that you meet the requirement, it is likely to refuse your naturalisation or registration application.
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What does the good character requirement include?
There is no single master checklist for the good character requirement because the Home Office considers each application individually on the balance of probabilities. This means it weighs adverse information against positive factors, mitigation and the applicant’s conduct over time. The main factors that can negatively affect a citizenship application are:
- Criminality: Convictions, custodial and non-custodial sentences, recorded out-of-court disposals, persistent offending and offences that cause serious harm can be considered. Reliable evidence of suspected serious crime can also be considered without a conviction.
- International crimes, terrorism and conduct ‘not conducive to the public good’: Involvement in or association with war crimes, crimes against humanity, genocide, terrorism, extremism, serious human rights violations or national-security threats will normally prevent an applicant from being considered of good character.
- Financial misconduct: This can include unpaid taxes, deliberately or recklessly accumulated debt, bankruptcy fraud, irresponsible company conduct, public-funds fraud and certain unpaid NHS or Council Tax liabilities.
- Notoriety: Activities that are notorious and cast serious doubt on the applicant’s standing in the community can be taken into account.
- Deception and dishonesty: Deliberately providing false information, concealing facts and dishonest dealings with the Home Office or another government department can lead to refusal.
- Immigration breaches: These include overstaying, illegal entry, illegal working, breaches of visa conditions, failure to report, assisting illegal immigration and employing illegal workers. For citizenship applications made on or after 10 February 2025, previous illegal entry will normally lead to refusal, regardless of when it occurred. However, the Home Office must consider relevant safeguards and evidence, including whether the person’s entry or presence in the UK was outside their control, for example because they were a child, were trafficked or were a victim of modern slavery.
- Previous deprivation of citizenship: A previous decision to deprive a person of citizenship is a relevant adverse factor.
Please note this list is not exhaustive. The Home Office can find that an applicant does not meet the requirement if other conduct raises significant character concerns, even if it does not fit neatly within one of these categories.
Do children need to meet the good character requirement?
The good character requirement applies to children aged 10 or over on the date of their citizenship application. A child under 10 is not subject to the character requirement. The Home Office must consider a child’s age, circumstances and any relevant mitigation. Although the usual criminality rules may still apply, the Home Office must take account of the person’s age and level of understanding when they were a child. It must also consider any relevant mitigating circumstances that were not considered at the time of sentencing. If an immigration breach occurred when the person was a child, the Home Office must consider whether they could realistically control it.
The Home Office can exercise discretion if a child’s criminality would otherwise cause a lifetime refusal of citizenship. Relevant factors include the time since the offending, the child’s subsequent behaviour and evidence of rehabilitation.
What good character issues can lead to British citizenship refusal?
The Home Office can refuse a British citizenship application if it is not satisfied that the applicant meets the good character requirement. The main factors include criminality, immigration breaches, deception or dishonesty, financial misconduct, international crimes or terrorism, notoriety and previous deprivation of citizenship.
It is important to note that a past issue does not always lead to automatic refusal. If the conduct does not fall within a category that normally leads to refusal, the Home Office will look at other factors such as its seriousness and nature, how long ago it occurred, whether there was repeated or escalating behaviour, the applicant’s age at the time and any mitigating or exceptional circumstances. Some forms of serious conduct will nevertheless normally lead to refusal, so the effect of past issue will depend on its nature and the relevant good character rules.
Can you get British citizenship with a criminal record?
Having a criminal record does not automatically prevent you from becoming a British citizen. However, serious criminality will normally lead to refusal, although exceptional circumstances can still be considered. For less serious sentences and disposals, the Home Office assesses the applicant’s overall character on the balance of probabilities. If it’s not satisfied that the applicant is of good character, the application must be refused.
For example, 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 custodial 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 that caused serious harm, or
- Have committed a sexual offence or their details are recorded by the police on a relevant register
For a custodial sentence of less than 12 months, a non-custodial sentence or a recorded out-of-court disposal, the Home Office must consider whether the applicant is of good character on the balance of probabilities. This means they will consider the seriousness and recency of the offences, the number and pattern of offences, any escalation in behaviour, the applicant’s age at the time, any mitigating circumstances, and evidence of rehabilitation.
The nature and pattern of offending can also affect the outcome, for example:
- Persistent offending: Repeated minor offences are taken more seriously if they show a pattern over time and particular disregard for the law, even if no single offence would normally lead to refusal.
- Offences causing serious harm: An offence can be treated as causing serious harm if it has a lasting physical or psychological impact on a victim, or causes serious harm to the wider community or society. Violent, drug-related, sexual, hate, racially or religiously motivated offences will usually fall within this category.
- Non-custodial sentences and out-of-court disposals: Fines, community sentences and other recorded disposals are assessed on the balance of probabilities. Recent, numerous or serious disposals are more likely to lead to a finding that the applicant is not of good character.
Applicants should also disclose any convictions and pending prosecutions accurately. Failing to do so can itself lead to refusal on the basis of deception.
A person may also fail the good character requirement if there is evidence of involvement in or association with war crimes, crimes against humanity, genocide, serious human rights abuses, terrorism, extremism, national-security threats or other conduct contrary to the public good. In serious cases, the application may be refused where the evidence raises serious doubts about the applicant’s character.
Can pending criminal charges affect a British citizenship application?
British citizenship is not normally granted if a person has a pending criminal charge or prosecution. If the outcome could materially affect the citizenship decision, the Home Office will normally place the application on hold until the investigation or court proceedings are complete.
If the application would be refused for another reason regardless of the pending matter, the Home Office may decide it without waiting. An applicant who tries to hide a pending charge or fails to take reasonable steps to tell the Home Office may also face refusal on deception grounds, although a person is not expected to disclose an investigation they do not know about.
Can suspected criminal activity affect British citizenship without a conviction?
If there is firm and convincing information that a person knowingly and actively participated in serious crime (e.g. drug trafficking) the citizenship application will normally be refused. The Home Office must carefully assess the nature of the information and the reliability of its source. They may consider information suggesting that an applicant has committed, or is strongly suspected of having committed, criminal activity even if they have not been charged or convicted, the charges were dropped, or they were acquitted.
What financial issues can affect a British citizenship application?
Financial issues can affect a British citizenship application, but they do not automatically mean an application will be refused. The Home Office considers whether the applicant has managed their financial affairs responsibly and whether there is evidence of dishonesty, recklessness or deliberate non-payment.
- Bankruptcy or company liquidation: Bankruptcy or involvement in a failed company does not by itself prove bad character. The Home Office considers the scale, the economic circumstances and the applicant’s culpability. Bankruptcy fraud, deliberate avoidance of creditors or taxes, or a director disqualification order will normally lead to refusal. An application will not normally be refused if the failure occurred through little or no fault of the applicant.
- Debt: An application will not normally be refused simply because the applicant owes money, particularly if agreed repayments are being made or reasonable efforts are underway. Deliberately and recklessly accumulating debt without a serious intention to pay is much more likely to lead to refusal.
- NHS debt: Outstanding NHS charges under the relevant overseas visitor charging rules can show that the applicant is not of good character. If checks reveal a debt, the applicant may be asked for receipts showing that it has been paid. A cleared debt should no longer count, although the wider circumstances may remain relevant.
- Fraud involving public funds: Lawful reliance on public funds is not itself a reason for refusal. Knowingly claiming benefits or other public funds to which the person is not entitled will normally lead to refusal.
- Council Tax arrears: Inability to pay will not normally lead to refusal, especially if the person has negotiated or is negotiating a payment arrangement. Unreasonably failing to pay, or using false information to avoid the correct charge, will normally lead to refusal.
What immigration-related issues can affect a British citizenship application?
Immigration breaches can affect whether the Home Office considers an applicant to be of good character. These can include illegal entry, overstaying, working without permission, breaching visa conditions, failing to report when required, assisting illegal immigration and employing illegal workers.
Not all immigration breaches are treated in the same way. Some historic breaches relating to lawful residence, such as overstaying, may be disregarded in certain circumstances where the applicant has since obtained settlement and no later character concerns have arisen. Other breaches, including illegal entry for applications made from 10 February 2025, assisting illegal migration and employing illegal workers, are treated more seriously and must still be considered.
Issues that can adversely affect British citizenship applications include
- Illegal entry and arrival: A person applying for citizenship from 10 February 2025 who previously entered the UK illegally will normally be refused, regardless of how long ago the entry occurred. The same normal-refusal approach may apply if a person arrived without the required entry clearance or electronic travel authorisation after making a dangerous journey. The Home Office must nevertheless consider the relevant exceptions and safeguards, including whether the applicant’s entry or presence in the UK was outside their control because they were a child, were trafficked or were a victim of modern slavery.
- Overstaying: Previous overstaying will normally lead to refusal. Exceptions include certain late applications protected by Part Suitability rules (SUI 13.1) and periods without permission caused by an incorrect Home Office decision that was withdrawn, quashed or reconsidered.
- Illegal working: Working when not allowed under the immigration rules will normally lead to refusal if it occurred within the 10 years before the decision.
- Assisting illegal immigration: Current or previous involvement in helping another person evade immigration control will normally lead to indefinite refusal.
- Employing illegal workers: Reliable evidence that an applicant employed workers who did not have permission to work will normally lead to indefinite refusal.
- Failing to comply with reporting or other immigration conditions: Failing to report without a reasonable excuse, accessing public funds in breach of conditions or otherwise failing to comply with immigration restrictions can affect the assessment. Absconding will normally lead to refusal for 10 years from the date the person next brought themselves to, or came to the attention of, the Home Office.
- Sham marriage or civil partnership: Entering or attempting to enter a sham marriage or civil partnership, or helping someone else to do so, will normally lead to refusal if the conduct falls within the relevant 10-year period.
- Existing deportation or exclusion decisions: An applicant who remains under a deportation order, exclusion order or exclusion decision must be refused citizenship.
What types of deception can affect a British citizenship application?
Deception or dishonesty by a citizenship applicant can lead to refusal if they deliberately provide false information, conceal relevant facts or try to mislead the Home Office or another government department. A genuine mistake will not normally be treated as deception if the applicant honestly and reasonably believed the information was correct or that they were entitled to what they claimed. Examples of deception or dishonesty include:
- Lying or concealing information in a citizenship application: Knowingly giving false personal details or lying about an aspect of the application will normally lead to refusal and can create a risk of prosecution.
- Failing to disclose information: If an applicant deliberately withholds information that would have resulted in refusal on good character grounds, the current application must be refused and a further citizenship application will normally be refused for the next 10 years. This does not apply to an unintentional genuine error.
- Deception in a previous immigration application: Deception used in a previous immigration application within the relevant 10-year period will normally lead to refusal, even if the false information was not material to the grant of leave. The deception is treated as continuing until it is discovered or admitted.
- Dishonest dealings with other government departments: Benefits fraud, unlawful access to controlled housing or healthcare, and dishonest information used to obtain a licence, service or entitlement can affect the assessment.
- Deception in the Life in the UK or English-language tests: Using another person to take a test, paying someone to take it or relying on false documents or statements will normally lead to refusal if the deception falls within the relevant 10-year period.
- False statements by referees: If an applicant prompted or knowingly participated in a referee’s deception, the application will normally be refused. Referee deception within the relevant 10-year period can also lead to refusal.
Does the good character requirement only look at the last 10 years?
The good character requirement is not limited to the last 10 years. The relevant period depends on the conduct involved, and some matters can remain relevant indefinitely. For example:
- Many immigration breaches are considered by looking at the 10 years before the date of decision, although some breaches are treated differently.
- Illegal working will normally lead to refusal if it happened within the previous 10 years before the decision.
- Deception in a previous immigration application, involvement in a sham marriage or civil partnership, deception in a Life in the UK or English language test, and referee deception can be considered under specific 10-year rules. For some forms of deception, the 10-year period runs from when the deception was discovered or admitted.
- Where a citizenship application is refused because required information was deliberately withheld or a false statement was made, a further citizenship application may normally be refused for 10 years from the relevant refusal.
What if your British citizenship application is refused due to the good character requirement?
A refusal of British citizenship does not automatically cancel the applicant’s existing immigration status. The appropriate next step depends on the reason for refusal, the evidence and whether the Home Office applied the good character guidance lawfully.
The main options may include:
- Request reconsideration: You may ask the Home Office to reconsider if the decision involved a caseworking error, misunderstood the evidence or failed to apply the policy correctly. A reconsideration request should identify the specific error and explain why it affected the outcome.
- Reapply: A good character refusal does not always prevent a further citizenship application. There is no single waiting period for every case. Certain deception and immigration issues carry 10-year periods, with the starting date depending on the conduct. Serious criminality, illegal entry in applicable cases, assisting illegal immigration and other serious conduct may remain relevant after many years.
- Judicial review: Judicial review may be available if the refusal is unlawful, irrational in the legal sense or procedurally unfair. It reviews the lawfulness of the decision rather than simply asking the court to make a new decision on the facts. Strict time limits apply.
Before making another application or challenge, it is important to identify whether the concern can be corrected, whether a relevant period must pass and whether there is evidence of mitigation or rehabilitation that the Home Office did not properly consider.
Reference:
GOV.UK: Good character requirement