
A controversial and little-known requirement for British citizenship is facing a major legal challenge, accused of being fundamentally unfair and ripping families apart. The 'good character' test, a mandatory hurdle for naturalisation, is under scrutiny for deporting individuals over minor, spent convictions from years ago.
The judicial review, brought by the Joint Council for the Welfare of Immigrants (JCWI) and a man identified only as 'C1', argues the policy is unlawful. It claims the Home Office's rigid application of the rule fails to consider the circumstances of old offences or an individual's rehabilitation.
'A Life in Limbo': The Human Cost of the Rule
The case centres on C1, a man who arrived in the UK as a teenager 17 years ago. After turning his life around from a troubled youth, he now faces deportation because of a spent conviction. Despite building a family and a stable life in Britain, his application for citizenship was refused outright, barring him from the official route to settle his status permanently.
"This rule is destroying lives," said a spokesperson for JCWI. "It's a draconian measure that ignores rehabilitation and punishes people indefinitely for past mistakes, often from when they were very young. It creates a permanent underclass of people who can never truly belong, no matter how much they contribute to their communities."
What is the 'Good Character' Rule?
To be granted British citizenship, applicants must convince the Home Office they are of 'good character'. While not explicitly defined in law, guidance states caseworkers must refuse those with recent or serious criminal convictions.
The challenge argues the problem lies in its opaque and inflexible application. The policy:
- Does not consider spent convictions: Minor offences that are legally considered 'spent' under the Rehabilitation of Offenders Act are still grounds for refusal.
- Lacks proportionality: It often fails to weigh the minor nature of an old offence against an individual's subsequent good conduct and integration into British society.
- Leaves no room for discretion: Caseworkers are seen to follow a rigid tick-box exercise rather than considering each case on its individual merits.
This has led to people being denied citizenship for offences as minor as stealing a book in their youth.
A Call for Fairness and Common Sense
The judicial review seeks to force the Home Office to rewrite its guidance. The goal is to introduce a fairer, more nuanced approach that considers the principle of rehabilitation and allows for discretion, particularly for long-term residents with strong family and community ties to the UK.
Campaigners hope a successful challenge will end what they see as a discriminatory practice that undermines the British value of fairness and prevents integrated members of society from gaining the security of citizenship.