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Saturday, Feb 15, 2025

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UK Introduces New Citizenship Restrictions for Refugees Who Arrive Illegally

New Home Office guidance sets stringent rules denying citizenship to individuals entering the UK illegally, including those making perilous journeys by small boat.
The UK government's Home Office has implemented new measures that will significantly restrict the ability of individuals who enter the country illegally to apply for British citizenship.

This policy, disclosed in guidance issued to visa and immigration staff on October 30, 2023, explicitly states that individuals who arrive in the UK via dangerous routes— including small boats and concealed transport—will face automatic refusal of citizenship applications from February 10, 2025.

Under this revised guidance, any individual deemed to have entered the UK illegally will normally be refused citizenship, regardless of how long they have resided in the country.

This marks a departure from previous guidelines that allowed individuals who arrived via irregular routes a potential pathway to citizenship after a waiting period of ten years.

A new stipulation in the guidance highlights that anyone applying for citizenship who has previously entered without valid entry clearance or electronic travel authorization, and has made what is categorically defined as a 'dangerous journey,' will normally be denied citizenship.

According to the Home Office, such journeys include travel by small boat or being concealed within vehicles.

Critics of the change have voiced strong objections.

The Refugee Council estimates that the new restrictions will prevent at least 71,000 refugees from obtaining British citizenship.

Enver Solomon, CEO of the Refugee Council, characterized the government's move as counterproductive to societal integration, stating that it contradicts public sentiment favoring the inclusion of refugees into communities.

Labour MP Stella Creasy condemned the changes, arguing that they will create a class of second-class citizens among refugees.

Creasy emphasized that individuals who contribute to society after fleeing conflict, such as a young man she cited who escaped Syria, should not be stripped of the opportunity for citizenship based on their method of entry.

In a lighthearted but pointed critique, Creasy referenced the beloved fictional character Paddington Bear, who arrived in the UK via an irregular route, suggesting that the new rules would prevent even fictional refugees from acquiring citizenship.

Former Labour Home Secretary David Blunkett also criticized the changes, urging the government to consider their implications on social cohesion and the rights of children.

Blunkett expressed concern over potential cases of statelessness that could arise from the policy.

In response to the backlash, Home Office minister Lord Hanson of Flint asserted that children would be considered sympathetically under existing legislation.

Nevertheless, he noted that all citizenship applications will continue to be evaluated on an individual basis.

Immigration barrister Colin Yeo described the new measures as a potential violation of the 1951 UN Refugee Convention, which explicitly states that refugees should not face penalties for illegal entry.

Kemi Badenoch, the Conservative Party leader, has been vocal about her support for tougher citizenship rules, suggesting that rights to citizenship should be granted only to those who exhibit a real commitment to the UK.

The Home Office has reiterated that current laws already allow for citizenship denials due to illegal entry, claiming that these latest guidelines offer further clarification and strengthen existing policy regarding citizenship applications by those entering the UK unlawfully.
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