Challenging the UK “Good Character” Citizenship Policy: Key Update
On 11 February 2025, the UK Home Office introduced new guidance on the “good character” requirement for British citizenship applications. These changes have raised serious concerns, particularly for recognised refugees, as they allow applications to be refused solely on the basis of how a person entered the UK, even where the individual has lived lawfully in the country for many years. This article explains the background to the legal challenge against this policy and provides an important update on the ongoing Judicial Review.
Initial Developments
Following the introduction of the new guidance in February 2025, serious concerns were raised about its compatibility with international and domestic law. In response, Wilson Solicitors initiated a Judicial Review before the High Court on behalf of a Syrian refugee, arguing that the policy unlawfully penalises refugees for irregular entry, despite protections under the Refugee Convention.
Home Office Response
In its initial response, the Home Office denied that the guidance was unlawful. However, it acknowledged that it was considering amendments to address the position of individuals who may rely on a legal defence under section 31 of the Immigration and Asylum Act. Despite this indication, the Home Office later confirmed that there was no clear timetable for any amendments and provided no clarity on the nature of the proposed changes.
A Significant Development
The High Court has now granted permission for the core legal issues to be considered at a full hearing before the Divisional Court. The hearing is scheduled to take place between 9 and 11 June 2026, with a written judgment expected several months after the conclusion of the hearing.
Why This Case Matters
This Judicial Review is likely to have wide-ranging implications for refugees who have been granted indefinite leave to remain and later apply for British citizenship. Notably, some refusals under this policy involve individuals who entered the UK lawfully on visas and later claimed asylum, rather than through irregular routes. The outcome of this case may therefore affect thousands of citizenship applications currently on hold or at risk of refusal.
Source
This article is based on publicly available information and updates published by Wilson Solicitors LLP.
Source:
https://www.wilsonllp.co.uk/news/update-on-judicial-review-of-good-character-citizenship-policy