Good character requirement
This page provides details about the good character requirement that must be met by anyone applying for British nationality unless:
- they are under 10 years old when making the application; or
- are stateless and are applying on application form S1, S2 or S3; or
- they are a British overseas citizen, a British subject or a British protected person and are applying on application form B(OS).
We consider you to be of good character if you show respect for the rights and freedom of the United Kingdom, have observed its laws and fulfilled your duties and obligations as a resident.
We will check with the police and may contact other government departments as part of our character check. By signing the application form you are giving your consent for us to contact these organisations to obtain information about you.
Your financial background
We will check that you pay income tax and National Insurance contributions. We may ask HM Revenue & Customs for confirmation of this. If you do not pay income tax through Pay As You Earn (PAYE) you should send a Self Assessment Statement of Account with your application.
If you have been declared bankrupt at any time you should give details of the bankruptcy proceedings. Your application is unlikely to succeed if you are an undischarged bankrupt.
Your criminal record
We will carry out criminal record checks on all applications from people aged 10 and over.
You must also provide details of all civil proceedings which have resulted in a court order being made against you.
You must give details of all unspent criminal convictions. This includes road traffic offences but not fixed penalty notices (such as speeding or parking tickets) unless they were given in court. You must include all drink-driving offences. An explanation of unspent convictions is given below.
If you have an unspent conviction, your application for citizenship is unlikely to be successful. You should wait until the end of your rehabilitation period before applying.
What is an unspent conviction?
If you have been convicted of a criminal offence you must declare your unspent convictions but do not need to declare ones that are spent. A conviction becomes spent after a certain period of time has passed (we call this the rehabilitation period). The length of time it takes for a conviction to become spent will depend on your sentence. It starts from the date on which you are convicted. The period may be shorter if you were aged under 18 at the time of your conviction.
If you have been sentenced to more than 30 months in prison for a single offence, this can never become spent. Your application for citizenship is therefore unlikely to be successful.
If you have been convicted of a criminal offence but the rehabilitation period has passed by the time you make your application you do not need to provide details of the conviction on your application form. If you were convicted of a further offence during the rehabilitation period of your original conviction, the rehabilitation period for your original conviction may be extended.
If you have been convicted of a criminal offence and the spent period has not passed you must include details of the conviction on your application form. If the conviction is unspent at the time of your application, it is unlikely that your application will be successful.
For further guidance on the rehabilitation period, please see Guide AN. Information on how a conviction becomes spent, and a chart providing examples of rehabilitation periods for various sentences, can be found in the Good Character section of this guide.
Offences for which you may go to court or are awaiting a hearing in court
You must provide details of any offence for which you may go to court for or are awaiting a hearing in court. This includes any offences for which you have been arrested and are waiting to hear if you will be formally charged.
If you are living in Scotland you must provide details of any recent civil penalties.
If are arrested or charged with an offence after you have made your application you must let us know.
Other things we will consider
You must tell us if you have ever had any involvement in terrorism. If you do not regard something as an act of terrorism but others do or might, you must mention it when making your application.
You must also tell us if you have been involved in any crimes in the course of armed conflict including crimes against humanity, war crimes or genocide.
Frequently Asked Questions
- What is the good character requirement? The law requires that a person aged 10 or over who is applying to become a British citizen must normally satisfy the Home Secretary that she or he is 'of good character' before the application can be granted.
- Does this apply to everyone? No. Those aged below 10 when they apply, and certain persons applying on the basis that they are currently stateless or have no other nationality apart from British overseas citizenship or the statuses of British subject or British protected person are not subject to this requirement.
- What checks do you make? We make checks with the police in all cases where the good character requirement applies. Additional checks may be made with other government departments and agencies, depending on the particular circumstances of the applicant.
- What if I have a criminal conviction? If you have a conviction which is not yet spent under the Rehabilitation of Offenders Act 1978, an application for citizenship made now is unlikely to be successful. We would therefore advise you to wait until the end of the rehabilitation period before making an application.
- My conviction will never be spent - can I still apply for citizenship? You may apply if you wish, but should bear in mind that an application in these circumstances is unlikely to be successful.
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I have a recent conviction for a minor offence. Should I still wait until the conviction has become spent before I apply for citizenship?
We will normally disregard a single conviction for a minor offence resulting in a bind over, conditional discharge or relatively small fine or compensation order, if a person is suitable for citizenship in all other respects. By 'minor offences' we mean speeding or other 'regulatory' offences.
Offences involving dishonesty (for example theft), violence or sexual offences are not classed as minor offences. Drink-driving offences, driving while uninsured or disqualified are also not minor offences.
- I applied before the Home Secretary announced these changes. How will they affect my application? The new policy applies to all applications made after 1 January 2008. If your application was received in the Home Office before that date, we will apply the previous policy as set out in the guide that accompanied your application form.
- When I got an application form and guide from the Home Office it said that I could apply after a clear period - will the old policy apply to me? All applications received after 1 January 2008 will be considered in accordance with the new policy. The information contained in our forms and guides is intended to help you decide whether you are eligible for citizenship, however, the forms and guides are not a complete statement of the law or policy and the information in them is subject to change.
- What if I am under investigation by the police but have not yet been charged, or have been charged but am still awaiting trial? We would advise that you wait until the matter has been resolved before considering whether to make an application for citizenship.
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What does 'of good character' mean?
There is no definition of good character in nationality law, but we would normally accept that the requirement is met if:
- our enquiries with the police and other government departments reveal no cause for concern;
- there are no unspent convictions;
- there is no other information to cast doubt on the applicant's character.
MORE NEWS AND UPDATES
- Immigration fees change on 6 April 2013
- Changes to the Immigration Rules - April 2013
- Revisions to the codes of practice for skilled migrant workers
- New immigration fees proposed
Terms explained
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Crimes against humanity
Widespread or systematic attacks on civilian human beings committed at any time (not just during armed conflict), as part of a government policy or a wide practice of atrocities tolerated or condoned by a government or self-appointed authority.This includes offences such as murder, torture, rape, and severe deprivation of freedom.
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Genocide
Acts committed with the intention of totally or partly destroying a national, ethnic, racial or religious group.
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Spent convictions
Convictions for criminal offences may become 'spent' after specified periods of time from the date of conviction if there are no further convictions during that time. Spent convictions will be disregarded for certain purposes. They will not normally be taken into account when assessing whether someone is of good character. Convictions that are not yet spent are known as unspent convictions and will be taken into account when assessing good character.
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Unspent convictions
Convictions for criminal offences may become 'spent' after specified periods of time from the date of conviction if there are no further convictions during that time. Spent convictions will be disregarded for certain purposes. They will not normally be taken into account when assessing whether someone is of good character. Convictions that are not yet spent are known as unspent convictions and will be taken into account when assessing good character.
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War crimes
Serious breaches of the Geneva Conventions committed during an armed conflict. The Geneva Conventions are international treaties that set humanitarian standards, mainly for the treatment of civilians and prisoners of war. Examples of acts that may constitute a war crime are deliberate killing, torture, extensive destruction of property that is not necessary for military reasons, unlawful deportation, intentionally targeting civilians and taking hostages.