The good character requirement applies to applications for registration and naturalisation from those who are aged 10 or over at the time the application is made. The requirement for a person to be of good character in order to naturalise as a British citizen is set out Schedule 1 to the British Nationality Act (BNA) 1981. Section 41A of the BNA 1981, as introduced by section 58 of the Immigration, Asylum and Nationality Act 2006, extended the good character requirement to specific routes to registration as a British citizen.
To be successful in their application for naturalisation as a British Citizen, an applicant must meet the good character requirement. While the British Nationality Act 1981 does not explicitly define good character, guidance provided by the Home Office UK Visas and Immigration (UKVI) outlines the types of conduct that are considered when assessing an individual's character.
Home Office caseworkers take into account various aspects of a person's character, including both negative factors such as criminal history, breaches of immigration laws, and instances of deception, as well as positive factors such as contributions to society. It's important to note that this list of factors is not exhaustive, and each case is assessed on its individual merits. Each application must be carefully considered by the Home Office UKVI on an individual basis on its own merits. The Home Office UKVI must be satisfied that an applicant is of good character on the balance of probabilities.
Free Immigration Advice For Naturalisation Applications
Our specialist team of immigration solicitors can provide one-off free immigration advice online in relation to your application for your application for naturalisation as a British Citizen. Ask a question online to our specialist team of immigration solicitors for free immigration advice online or book an appointment online for detailed immigration advice and consultation with one of our immigration solicitors concerning your application for naturalisation as a British Citizen.
Relevant Factors For Good Character Requirement
A person will not normally be considered to be of good character if there is information to suggest that any of the following apply:
Criminality: If they have not respected or are not prepared to abide by the law, for example, they have been convicted of a crime, or there are reasonable grounds to suspect, meaning it is more likely than not, they have been involved in a crime.
International Crimes, Terrorism and Other Non-Conducive Activity: If they have been involved in or associated with war crimes, crimes against humanity or genocide, terrorism, or other actions that are considered not to be conducive to the public good.
Financial Soundness: If their financial affairs have not been in appropriate order - for example, they have failed to pay taxes for which they were liable or have accrued significant debt.
Notoriety: If their activities have been notorious and cast serious doubt on their standing in the local community.
Deception and Dishonesty: If they have been deliberately dishonest or deceptive in their dealings with the UK government, for example, they have made false claims in order to obtain benefits.
Immigration-related Matters: If they have breached immigration laws, for example by overstaying, working in breach of conditions or assisting in the evasion of immigration control, where such matters are not to be disregarded for that person.
Deprivation: If they have previously been deprived of citizenship
This is a non-exhaustive list. If the person does not clearly fall into one of the categories outlined above but the Home Office UKVI has doubts about their character, they may still refuse the application. The Home Office UKVI may also request an interview in order to make an overall assessment.
Frequently Asked Questions (FAQs) About Good Character Requirement
Following are the various frequently asked questions (FAQs) about the good character requirement for naturalisation and registration as a British Citizen:
The Home Office UKVI can refuse your application for naturalisation as a British Citizen if you do not meet the good character requirement.
The good character requirement applies to a person who is aged 10 or over at the date of application for British Citizenship. When assessing whether a child is of good character, the UKVI must take account of any mitigation relevant to the child’s particular circumstances. Where a child has been convicted of a criminal offence, sentencing guidelines require that any custodial or non-custodial sentence be adjusted to account for the child’s age and particular circumstances and any mitigating factors, such as their ability to understand the consequences of their actions. Therefore although the criminal sentence thresholds for refusal and non-custodial sentencing guidelines for adults will normally apply to a child who has been convicted of a criminal offence, the lesser sentence handed down to them may mean they are less likely to meet the
higher thresholds. The Home Office UKVI should also give consideration to any subsequent mitigation put forward by the person that was not taken into account at the time of sentencing. The Home Office UKVI may exercise discretion where a child’s criminality would result in a lifetime refusal of any citizenship application. In these cases, the amount of time passed since the crime should be weighed up along with positive factors, such as any evidence of rehabilitation.
A criminal record does not necessarily mean an application will be refused. However, a person who has not shown respect for, or is not prepared to abide by, the law is unlikely to be considered of good character.
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 the Home Office UKVI is not satisfied, on the balance of probabilities, that they are of good character.
When assessing a person’s criminal convictions, the Home Office UKVI will consider all the relevant factors raised by the person and weigh any countervailing evidence of good character, or mitigating circumstances that might support an exceptional grant.
When considering custodial convictions, the whole sentence imposed by the court counts, not the time served by the person. Where they have received a single custodial sentence of 12 months or more or consecutive sentences totalling 12 months or more, the Home Office UKVI will normally refuse the application. Where the person has received custodial sentences of less than 12 months, the Home Office UKVI will consider whether they are of good character on the balance of probabilities.
A suspended prison sentence must be treated as a non-custodial sentence.
The exception is where the suspended sentence is subsequently ‘activated’ - this means that the person re-offended or failed to comply with the conditions of that sentence. Where this happens, the Home Office UKVI will look at both the original suspended sentence, the circumstances leading to the activation of that sentence, and the amount of time in prison the defendant was sentenced to once the original suspended sentence was activated. For example, if a person is sentenced to 12 months imprisonment, which is suspended for 2 years, but they re-offend within 2 years, the 12-month sentence should be counted.
A short sentence may be defined as a very brief period of imprisonment, measured in days or weeks rather than months. An example of where the UKVI would normally not take a short sentence into account when considering an application is where a person has been detained at court under section 135 of the Magistrates' Court Act 1980 for a single day. Instead, this should be treated as a non-custodial offence or
out of court disposal recorded on a person’s criminal record, when considering good character requirement for naturalisation application.
Any overseas conviction or non-custodial sentence is treated in the same way as one imposed in the UK when an application for naturalisation as a British Citizen is considered by the Home Office UKVI. The starting point is always the sentence imposed to determine whether the good character requirement is met for the naturalisation application to be successful.
The Home Office UKVI may normally disregard a conviction for behaviour that is considered legitimate in the UK. Examples of offences abroad that the Home Office UKVI may disregard include homosexuality or membership of a trade union. However, the fact that there may be no equivalent for an overseas offence in British law does not in itself mean that the offence should automatically be disregarded, and the Home Office UKVI will look at what that offence indicates about the person’s character. A willingness to disobey the law in another country may be relevant even if their conduct would have been lawful in the UK. Approval to disregard such offences must be obtained from the chief caseworker by the UKVI caseworker when considering the good character requirements for naturalisation application.
All applications involving a persistent offender who show a particular disregard for the law, will normally be refused. A persistent offender is defined as a repeat offender who shows a pattern of offending over a period of time, demonstrating a particular disregard for the law. This can mean a series of offences committed in a fairly short timeframe or offences which escalate in seriousness over time, or a long history of minor offences for the same behaviour which demonstrate a clear disregard for the law.
They may not have served a custodial sentence but have consistently received out-of-court disposals such as fines, community orders, or suspended sentences which, taken individually, would not normally be a reason for refusal. Persistent offending is relevant when assessing a person’s character. The overall pattern of behaviour may justify refusing an application, even if the individual sentences imposed would not normally in themselves be a reason for refusal.
When considering whether a person is a persistent offender, you must consider:
- the number and frequency of offences committed and the timescale over which they were committed
- the seriousness of those offences and the impact they had on the public
- any pattern in the offending and whether the offences have escalated inseriousness
- whether they have shown a particular disregard for the law
For example, a person who has committed 4 minor offences in 10 years in the UK might not be viewed as a persistent offender, whereas a person who commits 3 offences in just 6 months, might be. Or a person may have been involved in theft, which then escalates to aggravated assault and robbery.