British Nationality Refusals on Good Character Criteria

There is no definition of ‘good character’ in the British Nationality Act 1981 (‘the BNA 1981’) and therefore no statutory guidance as to how this should be interpreted or applied.

The good character requirement applies to anybody over the age of ten who applies for naturalisation or registration as a British citizen.

The Secretary of State must be satisfied that an applicant is of good character on the balance of probabilities. To facilitate this, applicants must answer all questions asked of them during the application process honestly and in full. They must also inform the Home Office of any significant event (such as a criminal conviction or a pending prosecution) that could have a bearing on the good character assessment.

Aspects of the Requirement for British Nationality

The decision maker will not normally consider a person to be of good character if there is information to suggest:

• They have not respected and/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 (i.e. it is more likely than not) they have been involved in crime
• 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.
• Their financial affairs were not in appropriate order. For example, they have failed to pay taxes for which they were liable. For further information on the financial aspect,
• Their activities were notorious and cast serious doubt on their standing in the local community.
• They had been deliberately dishonest or deceptive in their dealings with the UK Government.
• They have assisted in the evasion of immigration control; or
• 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 there are doubts about their character, the decision maker may still refuse the application. They may also request an interview in order to make an overall assessment.

Criminal Convictions and British Nationality

Having a criminal record does not necessarily mean that an application will be refused. However, a person who has not respected and/or is not prepared to abide by the law is unlikely to be considered of good character. This section explains how decision makers will look at criminal convictions when making their assessment.

Certain immigration and nationality decisions are now exempt from section 4 of the Rehabilitation of Offenders Act 1974. This means that it does not matter whether a conviction is “spent” when assessing good character provided the application was made in England, Wales or Scotland.

Table of How Convictions & Sentences Affect Citizenship Applications

Community Sentences

Where a person is convicted of a crime by a court they may receive a variety of sentences other than custody. These are often referred to as community sentences. They are designed to allow offenders to follow programmes designed to rehabilitate them or to do work for the community. Such sentences can include:

Having one or more of the above is a “non-custodial offence or other out of court disposal that is recorded on a person’s criminal record”.

Even where a person does not have a community sentence within the last three years, the decision maker may still conclude that a person is not of good character – and therefore refuse an application – if they have received multiple disposals of this kind that show a pattern of offending.

Non-Custodial Sentences

An application where a person’s record shows a ‘non-custodial offence or other out of court disposal’ older than 3 years if the circumstances of the conviction or disposal call the person’s character into question.

The factors the decision maker should consider include, but are not restricted to:

• The number of non-custodial sentences or other out of court disposals on the applicant’s record.
• The period over which offences were committed or other disposals occurred. Decision makers should consider whether the offences or other disposals indicate a pattern of behaviour that could justify a refusal. For example, a series of minor offences or disposals may indicate sustained anti-social behaviour or disregard for the law which will be relevant to the assessment of the person’s character.
• The nature of the offences or the behaviour that led to other disposals. For example behaviour involving anti-social behaviour, drug use, or violence may well indicate that a person’s character is such that their application should be refused (particularly if there is a pattern of such behaviour). In contrast isolated minor incidents such as traffic violations will not normally in themselves indicate that a person is of bad character.

Cautions

A caution in Scotland is entirely different from that in England and Wales. In Scotland, it is a sum of money or a bond that has to be deposited with the court as “caution” for good behaviour. The sum or bond can be forfeited if there is further offending. A Scottish caution will be treated as a “non-custodial offence or other out of court disposal that is recorded on a person’s criminal record”

A caution (simple or conditional), warning or reprimand are all examples of an “out of court disposal that is recorded on a person’s criminal record”

Even where a person does not have a caution, warning or reprimand within the last three years, the decision maker may still refuse an application if the person has received multiple disposals of this kind that show a pattern of offending.

Confiscation and Forfeiture Orders

A confiscation order is made after conviction to deprive a person of the financial benefit(s) they have obtained from criminal conduct.

This is similar to a fine, with the person being ordered having to pay the amount within a set period. However, the decision maker will not treat it as a fine for the purposes of a conviction and it will not count as a non-custodial sentence for the purposes of the table above.

Civil Orders

The criminal and civil courts have numerous powers to make orders relating to a person’s conduct, and whilst the making of such an order does not result in a conviction being recorded against the individual concerned, this will have a bearing on an assessment of that person’s character.

Some orders follow automatically on conviction. For example, a restraining order may follow on from a conviction for assault. Others may be applied for by the police, the CPS or the alleged victim.

Failure to disclose information

Where the person has failed to disclose any (including minor) outstanding charges or convictions that would result in refusal of the application, the decision maker will normally refuse the application. In such cases, the decision maker will normally refuse any subsequent application for citizenship if it is made within 10 years from the date of the refusal on these grounds unless the failure to disclose was unintentional and concerned a one-off non-custodial sentence or out of court disposal.

Abuse of the English Language and/or Knowledge of Life Test

The decision maker will normally refuse an application where there is evidence that a person has ‘cheated’ in a Knowledge of Life, “Life in the UK” and/or English Language Test.

Evasion of immigration control

The decision maker will normally refuse an application if within the 10 years preceding the application the person has not been compliant with immigration requirements, including but not limited to having:

• failed to report
• failed to comply with any conditions imposed under the Immigration Acts
• been detected working in the UK without permission

Deception in Previous Applications

The decision maker will normally refuse an application where there is evidence that a person has employed deception either: a. during the citizenship application process; or b. in a previous immigration application. It is irrelevant whether the deception was material to the grant of leave or not. The decision maker will normally refuse an application if there has been any deception in the 10 years prior to the application for citizenship. For these purposes, the deception is regarded as continuing until the date on which it is discovered or admitted. For example, if a person used deception in an application in 2008, but that was discovered or admitted to in 2010, the 10 year period would start in 2010.

Failure to Disclose Convictions

Where the person has failed to disclose any (including minor) outstanding charges or convictions that would result in refusal of the application, the decision maker will normally refuse the application. In such cases, the decision maker will normally refuse any subsequent application for citizenship if it is made within 10 years from the date of the refusal on these grounds unless the failure to disclose was unintentional and concerned a one-off non-custodial sentence or out of court disposal.

Illegal Entry

In circumstances where an applicant entered the UK illegally, an application for citizenship should normally be refused for a period of 10 years from the date of entry, if it is known. If it is not known, the period of 10 years starts from the date on which the person first brought themselves to or came to the attention of the Home Office.

Hiring Illegal Workers

The decision maker will normally refuse an application where there is reliable evidence to suggest that a person has employed illegal workers.

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