What is the good character requirement?

The good character requirement is a legal test for British citizenship. The British Nationality Act 1981 requires adults who naturalise to be of good character, and the test also applies to people aged 10 or over who register. The Act does not define the term. Home Office guidance sets out the conduct it takes into account.

How the good character requirement works

Naturalisation under section 6(1) and section 6(2) of the British Nationality Act 1981 both require the applicant to be of good character. This is set out in Schedule 1 to the Act.^{[3]legislation.gov.uk, British Nationality Act 1981, Schedule 1: Naturalisation} The requirement was extended to specific routes to registration by section 41A of the Act. It applies to applications for registration and naturalisation from people aged 10 or over when they apply.^{[1]Home Office, Good character: caseworker guidance (accessible)} The MN1 guide confirms that a child aged 10 or over must be of good character.^{[4]Home Office, Form MN1: guidance (accessible version)}

The Act does not define good character. Home Office guidance for caseworkers says each application is considered on its own merits and the decision is made on the balance of probabilities. It looks at negative factors such as criminality, breaches of immigration law and deception, and at positive factors such as contributions a person has made to society. The list is not exhaustive.^{[1]Home Office, Good character: caseworker guidance (accessible)} The AN guide says the test means you must observe UK laws and show respect for the rights and freedoms of its citizens.^{[2]Home Office, Form AN: guidance (accessible)}

You must answer all questions asked during the application. You must also tell the Home Office about any significant event, such as a criminal conviction or a pending prosecution, and any mitigating factors.^{[1]Home Office, Good character: caseworker guidance (accessible)} If you are arrested or charged after you apply and while the application is under consideration, you must tell the Home Office. The AN guide says you risk prosecution under section 46 of the Act if you do not.^{[2]Home Office, Form AN: guidance (accessible)}

What the Home Office looks at

The guidance lists the kinds of conduct that will normally count against a person unless there are enough positive factors.^{[1]Home Office, Good character: caseworker guidance (accessible)}

On criminality, the guidance says a person will normally be refused if they have a custodial sentence of at least 12 months in the UK or overseas, consecutive sentences totalling at least 12 months, or are a persistent offender. The same applies to an offence that caused serious harm and to a sexual offence or an entry on a police register.^{[1]Home Office, Good character: caseworker guidance (accessible)} A person must be refused if they have a shorter custodial sentence, or a non-custodial sentence or out-of-court disposal on their record, and the Home Office is not satisfied on the balance of probabilities that they are of good character.^{[1]Home Office, Good character: caseworker guidance (accessible)}

You must give details of all convictions, whether or not they are spent. Nationality decisions are exempt from the rules that make some convictions spent. The exception is a person who lives in Northern Ireland, who need only disclose unspent convictions.^{[1]Home Office, Good character: caseworker guidance (accessible)} Fines count as convictions and must be declared. A failure to declare may lead to refusal on the grounds of deception.^{[1]Home Office, Good character: caseworker guidance (accessible)} The AN guide says fixed penalty notices, such as traffic tickets, must be disclosed but will not normally be taken into account unless you failed to pay and there were criminal proceedings, or you received multiple notices in a short time.^{[2]Home Office, Form AN: guidance (accessible)}

On immigration, the AN guide says the application will normally be refused if you entered the UK illegally, no matter how much time has passed. The Home Office considers whether the entry was outside your control, for example if you were a child or were trafficked.^{[2]Home Office, Form AN: guidance (accessible)} See overstaying for another immigration breach and deception for how false information is treated.

The guidance says a person who fails to disclose information that would lead to refusal must be refused, and any further application will normally be refused for the next 10 years. The exception is where the failure was unintentional and a genuine error.^{[1]Home Office, Good character: caseworker guidance (accessible)}

Mitigating factors

The AN guide says you can tell the Home Office about genuine and meaningful attempts to change your behaviour. Examples are voluntary or charity work and programmes aimed at the cause of your offending, such as alcohol, drug or anger management courses. You can also give exceptional or compelling circumstances. You put this in the further information box on the application.^{[2]Home Office, Form AN: guidance (accessible)} The caseworker guidance says decision makers weigh negative factors against mitigating factors, including the time since an offence and any long period of life without offending.^{[1]Home Office, Good character: caseworker guidance (accessible)}

Example

Sam is applying to naturalise. Two years ago he was fined for a motoring offence and has voluntary work history in a local food bank. He declares the fine on the application. Home Office guidance says a fine counts as a conviction and that all fines must be declared. It adds that the more recent or sizeable the fine, the more likely it is that a person will not be considered of good character.^{[1]Home Office, Good character: caseworker guidance (accessible)}

Sam also tells the Home Office about his voluntary work in the further information box. The Home Office decides the application on the balance of probabilities, weighing the fine against the positive factors.^{[1]Home Office, Good character: caseworker guidance (accessible)[2]Home Office, Form AN: guidance (accessible)}

What people get wrong

Many applicants leave out old convictions or minor penalties, thinking they do not count. Home Office guidance says all convictions must be disclosed, spent or not, and a failure to declare can lead to refusal on grounds of deception.

The guidance also says that where an applicant fails to disclose information that would lead to refusal, any further application will normally be refused for the next 10 years.^{[1]Home Office, Good character: caseworker guidance (accessible)} A second mistake is to stop reporting once the form is sent. You must tell the Home Office if you are arrested or charged while the application is being considered.^{[2]Home Office, Form AN: guidance (accessible)}

The bottom line

Good character is a legal requirement for naturalisation and for some registration routes for people aged 10 or over. The Act does not define it, so the Home Office assesses it on the balance of probabilities using its guidance. Declare everything the form asks, including old and minor matters, and tell the Home Office about any change while you wait. See British citizenship by naturalisation for how Compass can help.