The good character requirement is a fundamental aspect of registration as a British citizen and naturalisation as a British citizen. It is critical to understand its background, the factors involved in assessing good character and updates to the Home Office guidance. This article provides a comprehensive overview of the good character requirement for British Citizenship.
Background
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, introduced through the Immigration, Asylum and Nationality Act 2006, extended this requirement to specific routes to registration as a British citizen.
Approach to Assessing Good Character
The BNA 1981 does not define good character, but the Home Office guidance outlines the types of conduct that must be considered. Applicants are assessed based on the balance of probabilities.
Factors Considered
The good character assessment includes both negative and positive factors. Key considerations include:
- Criminality: Convictions or reasonable grounds to suspect involvement in criminal activity.
- International Crimes and Non-Conducive Activities: Involvement in war crimes, terrorism, or activities deemed contrary to the public good.
- Financial Soundness: Issues such as tax evasion or significant unpaid debts.
- Notoriety: Activities that harm the applicant’s reputation in the local community.
- Deception and Dishonesty: Providing false information to the UK government.
- Immigration-Related Matters: Breaches of immigration laws, such as overstaying.
- Deprivation: Previous loss of citizenship.
This list is not exhaustive. In cases where doubts about an applicant’s character exist, the application may be refused and an interview may be requested.
Application of the Requirement to Young Persons
The good character requirement applies to individuals aged 10 or older at the time of application. When assessing minors, caseworkers consider mitigation relevant to the child’s circumstances.
Updated Guidance on Good Character Assessment
The Home Office updated its guidance on 30 July 2023, introducing stricter thresholds for applications submitted from 31 July 2023.
Refusal Criteria
An applicant will normally be refused if they:
- Have received a custodial sentence of at least 12 months (or consecutive sentences totalling 12 months).
- Are persistent offenders or have committed offences causing serious harm.
- Have committed sexual offences or are listed on police registers.
Applicants must be refused if they:
- Have a custodial sentence of less than 12 months or a non-custodial sentence recorded on their criminal record.
- Fail to demonstrate, on the balance of probabilities, that they are of good character.
Applications Made Before 31 July 2023
For applications submitted before this date, refusal criteria include:
- Custodial sentences of 4 years.
- Custodial sentences of 12 months but less than 4 years, unless 15 years have passed since the end of the sentence.
- Custodial sentences of less than 12 months, unless 10 years have passed since the end of the sentence.
- Non-custodial sentences or out-of-court disposals recorded within 3 years of the application date.
Considering the Balance of Probabilities
Where a person has criminality that would not normally result in the refusal of their application, you must decide whether they are of good character, on the balance of probabilities.
Caseworkers assess various factors, including:
- Length of time since offences.
- Number and seriousness of offences.
- Age at the time of conviction.
- Period over which offences occurred.
- Escalation in seriousness of offences.
Mitigating Factors
Applicants may present mitigating factors, such as:
- Demonstrating genuine attempts to change behaviour (e.g., completing anger management or drug dependency programmes).
- Long periods of lawful conduct without offending.
- Positive contributions to society, such as engaging in voluntary or charity work.
The good character requirement remains one of the most critical elements of British citizenship applications. Given the evolving guidance and the complexities involved, careful preparation is essential. By seeking professional legal advice, applicants can proactively address potential concerns, ensuring their application is as strong as possible.
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