UK citizenship rule change faces first legal challenge

UK citizenship rule change faces first legal challenge
Credit: Ben Stansall/AFP/Getty Images

UK (Parliament Politics Magazine) – An Afghan refugee has challenged the UK’s new citizenship rules, which block refugees arriving via “dangerous journeys” from gaining citizenship.

The UK government’s proposal to prevent refugees arriving through illegal routes, such as small boats and lorries, from gaining British citizenship faces its first legal dispute.

How will new UK citizenship rules affect Afghan refugees?

A legal challenge has been filed by a 21-year-old Afghan refugee, who fled the Taliban at 14 and was smuggled to Britain in a lorry and was planning to apply for British citizenship this March.

As outlined in the dispute, a pre-action protocol argues that the revised citizenship rules have caused the man “great anxiety” and left him feeling insecure in the UK amid fluctuating immigration policies. He fears social isolation, losing electoral rights, and facing travel limitations.

What did Toufique Hossain say about the UK’s new citizenship rules?

Toufique Hossain of Duncan Lewis solicitors, representing the refugee, stated,

“It is upsetting for so many who had hoped for a new approach to now see this home secretary repeating the same mistakes as her various predecessors.”

He added,

“For the sake of political expediency, [Yvette Cooper is] willing to roll out unlawful policies with the sole purpose of punishing migrants and refugees – those who are quite clearly of good character and eligible for citizenship.”

What do the new UK citizenship rules say about refugees’ “good character”?

Updated government guidance on good character requirements now classifies many refugees as lacking good character due to their irregular arrival in Britain. Though often forced to take such routes, they are no longer deemed eligible under these revised rules.

The revised regulations state,

“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.”

Is the UK’s new citizenship policy unlawful?

Before the immigration rules changed, the Afghan refugee challenging the policy met the good character requirements. With no criminal record, full compliance with immigration laws, and fluency in English, he aimed to become a mechanical engineer to contribute to the UK economy and society.

Under laws passed by the previous administration, it is a criminal offence to enter Britain without permission. 

The legal dispute claims that the policy misinterprets the definition of “good character” outlined in the 1981 British Nationality Act, making it unlawful. The convention also alleges a violation of European human rights and equality laws.

What did Kemi Badenoch say about revised immigration policies?

Kemi Badenoch, Conservative leader, has urged the government to make it harder for immigrants to gain British citizenship. She stated only those who show a “real commitment” to the UK should qualify for permanent residency or a passport.

Mrs Badenoch said,

“The Conservative Party is under new leadership. We’re going to tell the hard truths about immigration.”

The Tory party has proposed stricter conditions for those seeking Indefinite Leave to Remain in Britain.

What did Angela Eagle say about Tory border policies?

Border Security Minister Dame Angela Eagle criticised the Conservative government for failing on immigration, stating that they had “lost control of our borders” during their 14 years in office.She stated, “After 14 years of shameful Tory failure no one will take seriously anything they claim or promise now.”

Massimiliano  Verde

Massimiliano Verde is a journalist at Parliament News, He is covering Society and Culture News. Boasting a Master's Degree in Political Science, stands as a prominent figure in the Italian cultural landscape. His presidency of the Neapolitan Academy, a scientifically and sociolinguistically renowned group, attests to his relentless dedication to safeguarding and promoting Neapolitan language and culture. His activism and profound expertise have propelled him into the role of interlocutor for UNESCO as part of the International Decade of Indigenous Languages (2022-2032), a prestigious acknowledgment highlighting the significance of his efforts in preserving the linguistic and cultural diversity of our planet.

Verde's fervent passion for the history and culture of Southern Italy has driven him to immerse himself in research, resulting in numerous essays and articles that delve into the peculiarities and beauties of the region. His commitment extends beyond academia, manifesting in ongoing dissemination activities aimed at acquainting the general public with the rich cultural heritage of the South. His endeavors transcend national boundaries, as evidenced by his participation in international conferences and collaboration with various foreign institutions, rendering him an ambassador of Southern culture on the global stage and fostering intercultural dialogue and mutual understanding.