Since February 2025, thousands of people settled in the UK , many of them recognised refugees have been refused British citizenship, or deterred from applying at all, because of the way they first entered the country. Following High Court litigation and a revised Home Office policy published on 30 April 2026, the position has now shifted significantly. If you or a family member were refused on these grounds, or have been holding back from applying, this article explains where things now stand and what you can do.
What changed in February 2025
On 10 February 2025, the Home Office amended its “good character” policy for citizenship applications (version 6). Under that policy, anyone who had entered the UK illegally for example on false documents, concealed in a vehicle, or by small boat without entry clearance , would normally be refused naturalisation, no matter how long ago the entry took place and even if they had since been granted refugee status and indefinite leave to remain. There is no right of appeal against a citizenship refusal, and the application fee is not refunded, so many eligible people simply stopped applying.
The legal challenge
The February 2025 policy was challenged by way of judicial review in claims brought on behalf of recognised refugees who had been refused citizenship solely because of how they arrived. The High Court granted permission to argue every ground, including that the policy failed to address Article 31 of the Refugee Convention — which protects refugees from being penalised for illegal entry where they came directly from danger, presented themselves promptly and claimed asylum without delay.
Shortly before a three-day hearing in the Divisional Court in June 2026, the Home Office withdrew the refusal decisions in the lead cases and agreed to decide those applications afresh, and it was ordered to pay the claimants’ legal costs. The court did not rule on whether the old policy was lawful , the claims were withdrawn once the individual refusals fell away , but by then the Home Office had already replaced the policy itself.
The new policy: version 7 (30 April 2026)
The current good character policy keeps the starting point that illegal entry will normally lead to refusal, but it now spells out important limits:
Entry outside your control. Illegal entry should normally be disregarded where it was outside the person’s control for example, people who arrived as children, or who were under the control of traffickers or smugglers, including those forced to travel on false documents.
Refugees with an Article 31 defense. A refugee who has a valid legal defense for the manner of their entry must not be refused citizenship on that basis alone.
Everything considered in the round. Decision-makers must weigh all the circumstances , the time that has passed, protection status, and the life a person has built here ,on the balance of probabilities.
Were you forced to use deception when you entered?
This is one of the most common situations we see. Many people fleeing persecution had no choice in how they travelled: an agent or trafficker held their documents, supplied a false passport, or dictated every step of the journey. Under the current policy, entry in those circumstances can and should be disregarded but it must be properly evidenced and fully disclosed. Concealing the entry on the application form is the one thing that can turn a winnable case into a refusal for dishonesty, and can even put citizenship at risk after it has been granted. Prepared correctly, with a detailed representations letter addressing the policy, an application can succeed despite a history of illegal entry.
Refused between February 2025 and April 2026? You have options — and deadlines
Reconsideration. You can ask the Home Office to look again at a refusal on Form NR. Since 15 June 2026, the Home Office expects reconsideration requests within six months of the decision, so anyone refused under the old policy should act quickly.
A fresh application. Where new evidence is needed , for example, evidence of trafficking or of a valid Article 31 defense a new application under the current policy may be the stronger route.
Judicial review. Strict time limits apply. In particular, individuals who registered under the court’s January 2026 case-management order must issue any claim by 16 September 2026.
Which route is right depends on the reasons given in your refusal letter and the evidence available. Getting this choice wrong can waste both time and money , a reconsideration cannot rely on new evidence, while a fresh application means a new fee.
How York Solicitors can help
Our immigration team advises on naturalisation applications, good character issues, reconsideration requests and challenges to refusals. We will review your refusal letter or your entry history, give you a frank assessment of your prospects before you spend anything on Home Office fees, and prepare detailed representations addressing the current policy.
Contact us on 020 3903 9900 or info@yorksolicitor.co.uk, or visit us at 128 Cranbrook Road, Ilford, Essex IG1 4LZ.
