How does the UK’s new citizenship ban affect refugees who enter the UK illegally?

The Home Office established guidelines this week, denying British Citizenship to refugees who arrived in the UK illegally. The policy makes adjustments to the “good character requirement” for naturalisation, and was enforced on 10 February 2025. It deems those who arrive illegally via “dangerous journeys” ineligible for UK citizenship.

The policy currently affects around 71,000 refugees who have undertaken the journey via small boat crossings and other clandestine entries, such as hiding on the back of lorries and in freight containers. Government officials argue that the measures should act as a deterrent amid rising UK migration numbers. 

Opposition to the Refugee Citizenship Ban

Critics, however, argue that the strategy breaches international law and will impact the societal integration of refugees contributing to the UK. Critics argue it violates the UK’s obligations under the 1951 Refugee Convention, which prohibits penalising refugees for illegal entry. They also express concern that the policy undermines the UK’s tradition of providing refuge to those fleeing persecution.

900 Labour Party members and trade unionists have opposed the ban, saying it continues the previous Conservative government’s “performative cruelty.” Keir Starmer was told it is “toxic politics”. 

Meanwhile, a letter urging the home secretary to reconsider the policy has garnered 147 signatures, including 9 Church of England bishops and Unison General Secretary Ms McAnea. The letter warns that the policy would ‘breed division and distrust’.

The letter stated:

• [Citizenship} is “not just a legal status” but “a tangible fulfilment of the promise of safety, dignity, and opportunity”.

• “Labelling refugees, who through no fault of their own have had to put their lives at risk on flimsy vessels, or have had to hide in the backs of lorries to reach safety on our shores, as a type of second-class individual will simply breed division and distrust.

• “When refugees become citizens, they feel a greater sense of belonging as full members of their communities with a stable future for themselves, their children and generations to come.”

Letter to Home Secretary with 147 signatories

What does the citizenship ban mean for refugees?

The “good character requirement” guidelines stipulate that any illegal entry via dangerous routes will result in citizenship refusal. It comes after the Illegal Migration Act 2023 introduced a lifetime ban on re-entry, settlement and citizenship for unlawful UK migrants.

What are the rights of refugees if they enter the UK illegally?

Refugees who entered the UK illegally may still claim temporary protection. However, they will not typically be allowed to stay indefinitely. Illegal entry is considered a breach under the new “good character” requirements. Those who entered the UK illegally were previously categorised as Group 2 Refugees before the categorisations were removed in 2023.

What is a Group 2 or Illegal-Entry Refugee?

The terms Group 1 and Group 2 were used to categorise refugees who entered legally and illegally before they were scrapped in 2023. Group 2 refugee status applied to refugees who entered the UK illegally. As of 2025, there is no such categorisation, and it is now categorised as legal entry and illegal entry via dangerous journeys. Illegal entry refugees who arrived via dangerous journeys can:

• Receive temporary permission to enter the UK. They may stay up to 30 months.
• Renew their status beyond 30 months.
• Have the right to work.

They cannot:

• Apply for Indefinite Leave to Remain (ILR) unless eligible for the 10-year residence requirement. They must renew their temporary permissions three times and meet the eligibility criteria.
• Bring family, as these rights are restricted. Under Article 8 of the European Convention of Human Rights, they can only access family reunion permissions if there are ‘insurmountable obstacles to continuing family life’.
• Access public funds except in cases of destitution or for unaccompanied asylum-seeking children (UASC).

Comparing Legal-Entry and Illegal-Entry Refugee Permissions in the UK

What are the next steps for refugees?

If you are a refugee in the UK, it is crucial to understand your legal rights and options. Your immigration status determines your ability to stay, work, and access essential services. Seeking professional legal advice early can help you navigate the complex asylum and immigration system, ensuring you take the right steps for your future.

A qualified solicitor or legal representative can assess your case, help with paperwork, and represent you in legal proceedings if necessary. Do not hesitate to reach out, as timely legal guidance can make a significant difference in your case.

Contact an immigration solicitor today for clarity on your future. We can help you determine your options, and check if you are eligible for legal aid, which provides free or low-cost legal support for asylum claims, appeals, and other immigration matters.