31 July 2023
Immigration
Impact: Medium
Summary
The Illegal Migration Act 2023 was introduced in March 2023 and received Royal Assent on 20 July 2023. Under this Act, anyone who enters or arrives in the UK illegally on or after 07 March 2023 (including those who require but do not have valid electronic travel authorisation) will be subject to a lifetime citizenship ban. Additionally, naturalisation applications submitted from 31 July 2023 will be subject to a stricter good character requirement.
The Detail
The citizenship ban
Since the introduction of the Illegal Migration Act 2023, anyone entering or arriving in the UK illegally on or after 07 March 2023 will be subject to a lifetime citizenship ban. The ban will apply where a person entered the UK:
The citizenship ban also captures those who entered the UK through the Channel Islands or an overseas territory in the same way, those who entered unlawfully as a child but are now applying as an adult, and those who previously entered the UK illegally but later re-entered lawfully.
Where the citizenship ban applies, it will be for the person’s lifetime. However, the ban is not absolute. An exemption will apply if treating someone as ineligible for citizenship would be a breach of the UK’s obligations under the Human Rights Convention.
Tightening of the good character requirement
Applications to naturalise are subject, by law, to a good character requirement. The good character requirement considers a person’s criminal history, financial soundness, immigration history, notoriety, and use of deceptive or dishonest behaviour.
From 31 July 2023, the Home Office has tightened the criminality section of the good character requirement by reducing the thresholds for mandatory refusal (to 12 months from 4 years for custodial sentences, for example). Time bans have also been removed which previously allowed a person to apply after a certain number of years had passed since their criminal behaviour (and there is now no allowance for spent convictions).
However, the new good character guidance gives examples of the balancing exercise the Home Office will undertake to ‘exceptionally grant’ citizenship to someone who would otherwise be refused under the new policy. For example, in cases where the offending happened much earlier in a person’s life, or decade earlier, and they have otherwise resided in the UK in compliance with the law.
How we can help
The Illegal Migration Act 2023 and the new good character policy will make it more difficult for some to become British citizens. Vialto Partners is able to assist you with navigating the new requirements and assess whether your immigration history or particular circumstances are caught by these changes.
UK nationality law and policy is complex but not inflexible. Vialto Partners is able to provide guidance on simple as well as complex cases, assessing any exceptional circumstances that may apply in your case and providing insight into the discretion that Home Office caseworkers may apply to the nationality requirements.
Contact us
For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:
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