PA MediaThe government has toughened up rules making it almost impossible for a refugee who arrives in the UK on a small boat to become a British citizen.
New guidance states that anyone who enters the UK illegally having made a dangerous journey, which could be via boat, but also by means such as hiding in a vehicle, will normally be refused citizenship, regardless of the time that has passed.
In a statement, the Home Office said the strengthened measures made it clear that anyone who entered the UK illegally would face having a British citizenship application refused.
But, the change has been condemned by the Refugee Council and some Labour MPs – including Stella Creasy who said the change “meant refugees would forever remain second class citizens”.
Changes, first disclosed by the Free Movement blog, were introduced to guidance for visa and immigration staff on Monday.
The changes mean that anyone deemed to have entered the country illegally – including those already here – will not be able to apply for citizenship.
Described as a “clarification” to case worker guidance when assessing if a claimant is of “good character’, it says: “Any person applying for citizenship from 10 February 2025, who previously entered the UK illegally will normally be refused, regardless of the time that has passed since the illegal entry took place.”
Another new entry to the same guidance says: “A person who applies for citizenship from 10 February 2025 who has previously arrived without a required valid entry clearance or electronic travel authorisation, having made a dangerous journey will normally be refused citizenship.
“A dangerous journey includes, but is not limited to, travelling by small boat or concealed in a vehicle or other conveyance.”
Previously, refugees who had arrived by irregular routes would need to wait 10 years before being considered.
Under UK law, it is now an offence to enter the country without permission, while international law states that refugees should not be penalised for illegal entry.
Labour MP Creasy told BBC Radio 4’s Today programme she worked with a young man who after fleeing Syria and gaining a degree is now “contributing to our society, and has now got British citizenship”.
“This process would deny that,” she added.
Creasy also claimed the change to rules on citizenship for refugees would “deny” Paddington Bear from obtaining a British passport.
The fictional character famously arrived in the UK by stowing away on a boat from his home in Peru.
“Essentially it would deny, well, frankly, Paddington,” Creasy said.
“Paddington did the same thing. He came by an irregular route, but we gave him sanctuary but wouldn’t give him a passport.”
Lord Blunkett, the former Labour home secretary, urged the government to “reflect on the societal and cohesion aspects” of the policy.
He called on ministers to consider “the impact on children and their right to UK citizenship and the statelessness which would arrive for individuals if their birth country refused to renew or retain their nationality”.
“Surely this Parliament should have a say in such a big change,” he told the House of Lords.
In response, Home Office minister Lord Hanson of Flint said children will be “considered sympathetically under existing legislation to date”.
The i newspaper reported that children will be exempt from the new guidance on citizenship if caseworkers judge that their illegal means of entry was outside their own control. BBC News has approached the Home Office for comment.
The Refugee Council estimates the guidance will prevent at least 71,000 refugees from obtaining British citizenship.
Enver Solomon, CEO of the charity, said the government’s move “flies in the face of reason”.
“The British public want refugees who have been given safety in our country to integrate into and contribute to their new communities, so it makes no sense for the government to erect more barriers.
“We know that men women and children who are refugees want to feel part of the country that has given them a home, and support to rebuild their lives.
“We urge ministers to urgently reconsider.”
Meanwhile, immigration barrister Colin Yeo claimed on social media that it is a “clear breach of the refugee convention”.
Although the Conservatives have yet to respond to the government’s decision, Tory leader Kemi Badenoch told the BBC last week that she believes the right to citizenship and permanent residency “should only go to those who have demonstrated a real commitment to the UK”.
Badenoch spoke about her proposals to toughen up citizenship rules by making it more difficult for new immigrants to be able to permanently settle in the UK.
Citizenship applications will continue to be considered on a case-by-case basis, it is understood.
A Home Office spokesperson said: “There are already rules that can prevent those arriving illegally from gaining citizenship.
“This guidance further strengthens measures to make it clear that anyone who enters the UK illegally, including small boat arrivals, faces having a British citizenship application refused.”
