New government rules will make it almost impossible for people who arrive in the UK by dangerous journeys to become British citizens.
Guidance now states that anyone who enters the UK having made a dangerous journey, which could be via a small boat, but also by means such as hiding in a vehicle, will normally be refused citizenship, regardless of the time that has passed.
Previously refugees who had arrived by irregular routes would need to wait 10 years before being considered.
This change will affect applications for British citizenship submitted on or after 10th February, 2025.
These changes do not affect people making asylum applications or prevent people from being granted refugee protection.
Anyone who is concerned about how this might affect an existing or future citizenship application should contact an immigration lawyer directly. Our helpline cannot advise on citizenship cases.
What has changed?
Described as a ‘clarification’ to case worker guidance when assessing if an applicant for citizenship is of “good character’, the new rules state:
“Any person applying for citizenship from 10 February 2025, who previously entered the UK illegally will normally be refused, regardless of the time that has passed since the illegal entry took place.”
Another new entry to the same guidance says:
“A person who applies for citizenship from 10 February 2025 who has previously arrived without a required valid entry clearance or electronic travel authorisation, having made a dangerous journey will normally be refused citizenship.
“A dangerous journey includes, but is not limited to, travelling by small boat or concealed in a vehicle or other conveyance.”
This is despite the UK being signatory to international law treaties, such as the 1951 UN Refugee Convention, which state that asylum seekers and refugees should not be penalised for illegal entry.
While refugees with Indefinite Leave to Remain (ILR) have many of the same rights and protections as people with British citizenship, there are some key differences.
People without citizenship cannot vote or stand as candidates in UK-wide elections and are restricted on how long they can leave the UK for, no matter how long they have lived here.
Refugees living in Scotland can vote in Scottish elections without citizenship. Refugees with ILR can also stand as candidates in Scottish elections.
Our response:
Scottish Refugee Council chief executive Sabir Zazai said: “This is a disastrous move by the UK Government, which risks deepening divisions in our society and disenfranchising people who are simply trying to rebuild their lives. Many refugees are proud to secure their British citizenship; this is should be cause for celebration, not something the government is actively trying to prevent.
“When it comes to seeking refugee protection, it is not as simple as applying for a travel visa or getting on a plane. People forced to flee war and persecution face very difficult and desperate choices, often risking their lives because there are no legitimate ways to seek safety. This should not prevent them from having the same rights as other refugees.
“This change has come into effect immediately, without any consultation or scrutiny. It defies our international obligations and will impact people who have already been part of UK society for years. If the government wants to prevent people from making dangerous journeys in order to seek asylum, they should refocus their efforts on providing safe routes for people who currently have no other choice.”
Find out more about our work to support people seeking protection.
