How Criminal, Immigration & Financial Histories Can Undermine Your Naturalisation Application

British citizenship is a privilege, not a right—and one of the biggest hurdles applicants face is proving they are of good character. Many applicants believe that if they have indefinite leave to remain, a long residence history, or no current issues, they will automatically qualify. But the reality is more complex.

This article aims to clarify how the Home Office defines and assesses 'good character', offering practical insights to help applicants avoid common but often overlooked reasons for refusal—even for those with long residence and no apparent issues.

The Legal Framework: Where Does the “Good Character” Test Come From?

The requirement to be of good character is rooted in UK nationality law and was expanded by immigration legislation over time:

◉ Section 41A of the British Nationality Act (BNA) 1981: This section, requires that applicants for citizenship must satisfy the Secretary of State that they are of good character before citizenship can be granted.

◉ The BNA 1981 itself does not define "good character", but the Home Office publishes detailed internal guidance that outlines the types of conduct to be considered.

What Does “Good Character” Really Mean?

The good character requirement covers far more than criminal conduct. It is a holistic assessment of your behaviour, honesty, financial responsibility, and respect for UK laws and values. Importantly, the assessment is:

◉  Forward-looking and retrospective

◉  Based on the balance of probabilities

◉  Highly discretionary—meaning that even if you meet all the other requirements for citizenship, you can still be refused if your character is in doubt.

The Home Office doesn’t follow a strict checklist when assessing good character for citizenship. While things like criminal records or immigration breaches can count against you, each case is looked at individually. Caseworkers weigh both the good and bad in your history—like honesty, compliance, and contributions to society. It’s up to you to give a full and truthful account. Decisions are made on the balance of probabilities, so even unresolved concerns can lead to refusal if they raise doubts about your character.

You may however fail to meet the good character requirement if:

◉  You have criminal convictions (UK or overseas)

◉  You have breached immigration laws, including past overstaying or illegal entry

◉  You have been dishonest in past dealings with the Home Office or other government departments

◉  You have significant unpaid debts, including taxes or NHS charges

◉  You are associated with serious or extremist conduct

◉  You have been the subject of negative findings by a UK court, tribunal, or public authority

Criminal History and Offences

This is the most obvious—but still often misunderstood—element of the good character test.

Custodial Sentences

Your application will almost certainly be refused if you have:

◉  Been sentenced to 12 months or more in prison, either in the UK or abroad

◉  Received consecutive shorter sentences that total 12 months or more

◉  Been convicted of an offence that caused serious harm, such as violent crime, sexual offences, or hate crimes

◉  Been convicted of a sexual offence or placed on the Sex Offenders Register, regardless of sentence length

Even if a conviction is old or considered "spent" under the Rehabilitation of Offenders Act 1974, it must still be declared in nationality applications. Failure to disclose such information may be treated as dishonesty, which in itself is a separate ground for refusal under the good character requirement. The issue of dishonesty is discussed in more detail later in this article.

Non-Custodial Sentences

Fines, cautions, community service, and warnings also count. While these are not automatic refusal grounds, the Home Office may still refuse your application if:

◉ The incident was recent

◉ There is a pattern of behaviour (e.g. multiple minor offences over time)

◉ The incident reflects dishonesty, violence, or public harm

Common Mistake: “It was only a fine, so I didn’t mention it.”

Failing to declare even minor offences can lead to refusal for deception, which is often treated more seriously than the offence itself. This is because it shows dishonesty, which strongly undermines a claim of good character.

What if My Conviction Was Overseas?

Overseas convictions are treated the same way unless the conduct would not be considered an offence in the UK (e.g. political activism or homosexuality in repressive states). But if the Home Office believes your actions abroad show a disregard for the law, your application may be refused.

Immigration History: Breaches You May Overlook

Immigration history is a major reason for refusal under the good character requirement, particularly after policy changes in 2025.

Your application will normally be refused if you:

◉ Entered the UK illegally, even years ago (Post Feb 2025 Applications)

◉ Overstayed a visa, even for a short time (Unless the Paragraph 39E exception applies or the overstay was genuinely outside the applicant’s control)

◉ Worked illegally or without the proper permission

◉ Were subject to a deportation order, absconded, or helped others to enter illegally

◉ Provided false information in a previous application

◉ Were involved in a sham marriage or failed the Life in the UK test using deception

New Policy from 11 February 2025:

Applications made on or after this date will normally be refused if you have ever entered the UK illegally—even if the breach occurred decades ago. The Home Office no longer automatically overlooks old breaches.

This change is significant because many long-term residents who regularised their status years ago might still fall foul of this rule unless they can show compelling and exceptional reasons.

An example of when illegal entry may be disregarded is found in the caseworker guidance, which offers some indication of when this discretion can be exercised. For instance, a person who entered the UK illegally 14 years ago would typically be refused British citizenship on the basis of illegal entry. However, if that individual has since been recognised as a victim of trafficking and subsequently granted refugee status, and has not acquired any other notable adverse character issues during their residence, it may indicate—on the balance of probabilities—that they are now of good character.

Many applicants mistakenly believe that the length of time they have lived in the UK should, in itself, justify the exercise of discretion in their favour when applying for British citizenship. However, it is important to understand that this is not the case. In Secretary of State for the Home Department v Hubert Howard (deceased) the court made it clear that there is no direct connection between good character and long residence or integration. While a long period of residence may be considered a relevant factor, it does not, on its own, establish that a person is of good character.

Financial Issues That May Affect Your Application

Many applicants underestimate the weight placed on financial conduct. The Home Office considers financial soundness a key indicator of character.

You may be refused if:

◉ You owe large unpaid tax bills

◉ You have outstanding NHS debt

◉ You have been declared bankrupt, especially if this involved applicant’s misconduct

◉ You have committed benefit fraud or failed to pay council tax

◉ You’ve failed to pay court-ordered compensation or have had confiscation orders

Even where the financial issue is resolved, failure to declare it or repeated financial mismanagement may lead to refusal as it negates financial soundness of the applicant.

Dishonesty and Deception: A Serious Risk

The Home Office takes dishonesty more seriously than many applicants realise.

Grounds for refusal based on dishonesty may include:

◉ Lying on previous visa or asylum applications

◉ Providing false documents or false statements

◉ Using someone else to sit your English or Life in the UK test

◉ Failing to disclose criminal convictions or immigration breaches

◉ Submitting false referee declarations or having referees who misrepresent facts

It should be noted that even a small lie or omission can result in a long-term bar to naturalisation, and the Home Office does not usually accept that “I forgot” or “I didn’t think it mattered” is a good enough excuse.

This principle was reinforced in the case of Onuzi (good character requirement: Sleiman considered) Albania [2024] UKUT 144 (IAC), where the Upper Tribunal confirmed that the omission of a material fact—whether or not it directly affected a previous immigration decision—can lead to refusal of citizenship or even deprivation.

The Tribunal held that:

“Any negative behaviour that might cast doubt on whether a person is of good character is likely to be directly material to the assessment… whether it played a role in the application for naturalisation itself or took place before the application.”

Furthermore, concealment of such conduct is likely to be treated as deception, regardless of whether it would have altered the outcome of any prior grant of leave. This significantly narrows the room for argument in cases where an applicant has not made full disclosure, and clarifies that discretion lies firmly with the Secretary of State, subject to public law principles.

Mitigating Factors and Rehabilitation

When assessing good character, the Home Office uses discretion for non-mandatory refusals. In doing so, it also considers factors such as:

◉ How long ago the offence occurred

◉ Evidence of rehabilitation or positive conduct since

◉ Voluntary work, community engagement, or charitable activities

◉ Involvement in treatment programmes (e.g. drug, alcohol, anger management)

◉ Testimonials or references from professionals or community leaders

But these must be well-documented and genuinely persuasive. The older the offence and the cleaner the record since, the better the chance of success—but only if everything is declared honestly and explained.

Practical Guidance for Applicants

Before applying for naturalisation, you should:

1.  Request a Subject Access Request (SAR) from ACRO to check your criminal record. This report will include any cautions, convictions, and police interactions, helping you ensure that you are not unintentionally omitting any past warnings or cautions. Being transparent with the Home Office is crucial—failing to disclose information can be seen as dishonesty. Make sure to list all past convictions, cautions, and fines, even if they seem minor or were resolved out of court.

2.  Gather evidence demonstrating your rehabilitation, such as employment history, volunteer work, and positive contributions to your community. This supporting documentation can strengthen your application by helping to establish that you are a person of good character.

3.  Prepare an honest explanation of any past issues. A clear and consistent narrative shows maturity and accountability.

4.  Seek professional advice if your case is complicated. Don’t assume the Home Office will overlook anything—they won’t.

Conclusion: The Good Character Requirement Is Not Just a Box to Tick

The good character requirement is one of the most frequent and easily misunderstood grounds for refusal. Many applicants fail—not because of serious crimes—but because of poor preparation, failure to disclose, or improper understanding of what “character” entails.

If you have any doubts about your eligibility or history, take your time, gather the right evidence, and consider speaking to a qualified immigration adviser.

For personalised support in your Citizenship Applications, call our Birmingham office on 0121 517 1168, or email info@starjetimmigration.com.