Yesterday, PRCBC’s Patron, Baroness Lister of Burtersett, received a written answer (HL 5846) concerning the recent changes to the Home Office policy guidance on the Nationality: good character requirement. The minister confirms that a breach of immigration law is normally to be disregarded if it is accepted the breach was outside the control of the person applying for citizenship; and specifically identifies that illegal entry is not normally to be regarded as within a child’s control. This should assist children applying to be registered as British citizens and adults, who may have entered as children, applying to be naturalised. It may also assist people who entered as adults, who can demonstrate that any breach of immigration law on their part was beyond their control – such as may be the case for people trafficked to the UK.
PRCBC is again grateful for Baroness Lister for taking these matters up with ministers and in Parliament.
PQ: To ask His Majesty’s Government whether the changes made to the Nationality: good character requirement guidance published in February are consistent with the practice of disregarding immigration breaches outside of a child’s control.
Answer: When assessing good character, it is normally appropriate to disregard immigration breaches if it is accepted this was outside of the applicant’s control. Given illegal entry is normally considered outside a child’s control, most children would not be held accountable for their immigration breach. The 10 February 2025 amendments to the good character policy did not alter this position.’