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Anybody over the age of ten who applies for registration or naturalisation as a British citizen needs to meet the so-called “good character requirement”. This is a mandatory requirement set out in the British Nationality Act 1981. Where a person is deemed by the Home Office not to be “of good character” then his or her application for citizenship will be refused.
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There is no further definition of what is meant by “good character” in the British Nationality Act 1981. However, there is guidance available from the Home Office as to what is likely to be considered behaviour that indicates a person is not “of good character”. We can also look to the very few cases that have reached the courts on this issue.
The current guidance as to what factors the Secretary of State will consider when assessing a person’s good character is set out in nationality policy guidance document
The guidance runs to 53 pages and includes a long, non-exhaustive, list of issues which would, in the Secretary of State’s view, indicate that a person is not of good character and would therefore lead to refusal.
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The list includes issues which are relatively uncontroversial and to be expected, such as war crimes and terrorism. It also includes more questionable factors when it comes to deciding whether a person is of “good character”, including issues of bankruptcy and liquidation.
The sections of the guidance which cause the most concern to applicants, partly because it is not always clear when they do or do not apply, are those on deception and dishonesty and on breaches of immigration law.
Unsurprisingly, previous criminal convictions will often lead to an application for naturalisation or registration being refused on good character grounds. A series of “tariffs” or periods of exclusion from qualifying for British citizenship are set out in the guidance:
Affidavit Of Character
It is the entire sentence imposed on an individual which will be looked at, not the actual time spent in prison. A suspended prison sentence will be treated as a “non-custodial offence or other out of court disposal that is recorded on a person’s criminal record”, unless the sentence is subsequently ‘activated’.
It will normally be appropriate to disregard a conviction for behaviour that is considered legitimate in the UK. Examples of offences abroad that you may disregard include homosexuality or membership of a trade union. However, the fact that there may be no equivalent for an overseas offence in British law does not in itself mean that the offence should automatically be disregarded, and you must look at what that offence indicates about the person’s character. A willingness to disobey the law in another country may be relevant even if their conduct would have been lawful in the UK.
The guidance also contains detailed information as to what constitutes “out of court disposals”. They include cautions, warnings, community sentences, hospital orders and fines. They do not include Fixed Penalty Notices; however, these may be relevant when making the overall assessment as to whether a person is of “good character” (see below).
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The table is not the be-all and end-all when it comes to assessing good character. The decision maker is expected to make an overall assessment as to the character of the applicant. This includes consideration of persistent offenders and means that, in some cases, the “overall pattern of behaviour:
May justify refusing an application, even if the individual sentences imposed would not normally in themselves be a reason for refusal [in line with the table above].
Becoming A British Citizen: The Good Character Requirement
The decision-maker will take into account factors such as the number of offences, the time period over which those offences were committed, the impact on the public, and whether there has been an escalation in the seriousness of the offences.
Where there is firm and convincing information to suggest that a person is a knowing and active participant in serious crime (e.g. drug trafficking), the application will normally be refused.
Finally, one should always remember that it is important to declare all criminal convictions, including pending ones. An applicant who fails to do so may see their application refused not only on the ground of the criminal conviction, but also on the ground of deception (see below).
Good Character Requirements
The short answer is that it is important to disclose all convictions and to err on the side of caution by over- rather than under-disclosing. Where a conviction is a very minor one, such as a minor driving conviction, there is more danger from failing to disclose and being accused of deception than from refusal on good character grounds because of the conviction itself. As President Nixon found to his cost, the cover up can be worse than the crime itself.
Fixed Penalty Notices are not always technically criminal convictions. It depends how an incident was treated by the police at the time. However, we have already seen that the good character requirement for naturalisation is not just about criminal convictions, it is also about wider behaviour.
It is not completely clear from the naturalisation application form, Form AN, whether Fixed Penalty Notices have to be disclosed. As a note to question 3.1 (“Have you been convicted of any criminal offence in the UK or any other country?”) the form states:
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You must give details of all criminal convictions. This includes road traffic offences (including all drink driving offences). Fixed Penalty Notices (such as speeding or parking tickets) do not form part of a person’s criminal record and will not be considered in the caseworker’s assessment of character unless either: • the person has failed to pay and there were criminal proceedings as a result; or • the person has received numerous fixed penalty notices.
Very serious road traffic offences such as drunk or dangerous driving will always count as criminal convictions and must be disclosed in an application for naturalisation.
Full guide to the requirements and process for naturalising as a British citizen, including where the Home Office will show flexibility and where not. Case studies included throughout.
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Under the Rehabilitation of Offenders Act 1974, some criminal convictions become “spent” after a certain period of time. This means that the offence does not have to be declared for most purposes, for example when applying for employment or insurance. The period of time before an offence varies with the seriousness of the offence.
However, criminal offences never now become spent for the purposes of immigration and nationality law. The law on rehabilitation for immigration and nationality purposes was changed by section 140 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 with effect from 1 October 2012.
This means that all convictions, including spent convictions, have to be declared in an application for naturalisation. The guidance on the good character requirement confirms this:
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Applicants are required to disclose all convictions, regardless of whether or not they are ‘spent’ under the Rehabilitation of Offenders Act 1974 (1974 Act). You may take into account any past convictions regardless of when they took place, as nationality decisions are exempt from section 4 of the 1974 Act that provides for certain convictions to become ‘spent’ after fixed periods of time.
At page 52 of the guidance there is a table of rehabilitation periods applicable to residents of Northern Ireland. It is nevertheless arguably prudent to disclose even spent convictions as there is a real risk of a Home Office caseworker based in Liverpool missing the special provisions for Northern Ireland. This could cause refusal on grounds of deception and lead to wasted time and money seeking reconsideration.
Indeed, it is very important that all applicants declare all their convictions, including driving offences and spent convictions, to avoid seeing their application refused on the basis of deception (see below).
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Most of the section in the nationality policy guidance dealing with war crimes and terrorism is blanked out, so we do not know exactly what are the instructions to decision-makers relating to these cases. What we do know of policy in such cases is reflected in our full ebook on naturalisation.
Bankruptcy or liquidation will not be automatic reasons for refusal, except where fraud has occurred. In all other cases, the decision-maker will look at the level of culpability of the applicant in the events which led to bankruptcy or liquidation and the timing of the bankruptcy or liquidation. In particular:
You must consider whether the person was reckless or irresponsible in their financial affairs leading to their bankruptcy or their company’s liquidation. If so, it is likely to be reflected by a disqualification order which prevents a person from being a Director or taking part in the management of a limited company for a period of up to 15 years. Details of all disqualifications are
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