Good character requirement for naturalisation 2023

What does good character mean for British citizenship?

The British Nationality Act 1981 does not provide a definition of ‘good character’ and instead each application is considered on a case-by-case basis. To help with the assessment, UKVI have provided guidance which sets out the types of conduct associated with ‘good’ and ‘bad’ character. As an example, if any of the following apply to an applicant, then it is likely that they will not satisfy the good character requirement:

• Criminality;

• International crimes, terrorism or activity considered not to be conducive to the public good (i.e., war crimes, crimes against humanity, genocide);

• Poor financial soundness (i.e., not paying tax which they are liable for or a significant debt); 

• Notoriety;

• Deception and dishonesty (i.e., being deliberately dishonest or deceptive in dealings with the UK government such as a false claim for benefits);

• Immigration breaches (i.e., breach of immigration laws); and 

• Deprivation (i.e., if they have previously been deprived of citizenship).

It should be noted that this is not an exhaustive list and therefore other factors can be taken into account. It is therefore best to speak to an immigration lawyer for further advice if you are worried that you may not meet the good character requirement for any reason. 

Can I get British citizenship if I have a criminal record?

If you have a criminal record your application for British citizenship won't necessarily be refused on the basis of not meeting the good character requirement. However, British citizenship applications are likely to be refused if an applicant:

• Has a criminal conviction which falls within the sentence-based thresholds:

  • 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 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 the application.

• Is a persistent offender (a repeat offender who shows a pattern of offending);

• Has committed an offence which has caused serious harm (e.g., one or more violent, drug, sex offences or hate crimes);

• Has committed a sexual offence or their details are recorded by the police on a register.

An example of the good character requirement and having a criminal record

Romeo wishes to apply to naturalise as a British citizen but is concerned about not being able to meet the good character requirement due to his criminal history. Back in 2003, Romeo was convicted of assault and was sentenced to 3 years in prison. Despite this criminal record Romeo will qualify for British citizenship because more than 15 years have passed since the end of his sentence.

Can I apply for British citizenship if I overstayed?

Where an individual has committed immigration breaches such as overstaying or illegal entry, the Home Office has the power of discretion and may disregard such activities during the 10-year period prior to the application but this is only where the following apply:

• The individual 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 British Nationality Act 1981 after 28 June 2022;

• The individual holds indefinite leave to enter or remain (settlement) in the UK; and

• No concerns have arisen since the grant of settlement.  

Although the Home Office has discretion to disregard certain immigration breaches, an individual may wish to wait until 10 years have passed before submitting an application for British citizenship in order to reduce the risk of a refusal.