Poppy Lindsey
New requirements around previous criminal convictions are enforced by the UK Home Office in yet another clampdown on migration to the country.
Since coming into office, Suella Braverman has made curbing of migration an absolute priority, and these rules echo this sentiment completely. From 31 July, strengthened immigration rules will apply to new applications for asylum in the UK. It will be more difficult for anyone who has received at least a 12-month prison sentence to gain British citizenship.
The new rules
The UK Home Office have issued new rules and guidance around citizenship for ex-prisoners seeking asylum in the UK.
The crackdown relates to the so-called ‘good character’ requirements that the UK government cite as a condition for being granted citizenship.
Alongside criminal history, the UK government consider factors such as financial soundness, notoriety (if their “activities cast serious doubt on their standing in the local community”), and deception/dishonesty. The considerations apply to all asylum seekers, including children over the age of 10.
There appears to be little leeway for seekers with a criminal history, although the Home Office have stated that some cases will be seen as exceptions and treated on a case-by-case basis. For example, if an asylum seeker committed a minor offence a long time ago and has since displayed positive changes, this would be taken as a sign of good character.
The previous rules
There are two main parts of the good character requirements that have changed for asylum seekers’ claims.
The guidance states that asylum seekers who have received a 12-month jail sentence in their past will likely have their claim denied, as opposed to the previous 4-year sentence threshold. Before 31 July, if an individual had received a 4-year jail term or a non-custodial sentence recorded on their criminal record in the three years prior to the date of application their request to gain British citizenship would have likely been denied.
A further change to the rules is the scrapping of the time passed since the end of the sentence rule. Previously, a person would have been refused citizenship if they had a sentence of 12 months to four years unless a period of 15 years had passed since the end of the sentence.
How the change fits with the UK government’s view on immigration
The government claims that the change of rules “re-affirms the government’s commitment to protecting UK borders and ensuring no one with a criminal record can abuse the British immigration and nationality system.”
“British citizenship is a privilege”
When announcing the change, Braverman made various references to the gift of British citizenship, naming it a “privilege”. She stated: “those who commit crimes shouldn’t be able to enjoy the breadth of rights citizenship brings, including holding a British passport, voting, and accessing free medical care from the NHS.”
British citizenship is a privilege – those who commit a crime or do not show respect for our freedoms & rights should not be entitled to receive it.
From today I am introducing a tougher threshold so that serious criminals cannot claim citizenship here 🇬🇧 https://t.co/0meB3qiixR
— Suella Braverman MP (@SuellaBraverman) July 31, 2023
In her time as Home Secretary, Braverman has made her views on immigration to the UK evident. Her provocative comments have often made headlines, such as when she referred to her plans to limit refugees arriving in small boats as “stopping the invasion on our Southern coast.”
The concentration on criminals arriving from overseas has occupied the politician throughout her time in the role. In September 2022, she took a break from immigration matters to briefly join in the transgender debate, arguing on Twitter that the Sussex Police force must “focus on catching criminals, not policing pronouns”.
Her aim to “take back control of the British borders” manifests itself in the controversial proposal to send asylum seekers from the UK to Rwanda, to which the Home Secretary gushed “thats my dream, its my obsession”.
As the Conservative government’s crackdown on migration continues, it remains to be seen how effective the measures will be in curbing criminals entering the UK.
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Featured image courtesy of Markus Spiske from Unsplash. Image license found here. No changes were made to this image.
Poppy Lindsey
Poppy graduated from the University of Reading in June 2022, with a degree in Philosophy and Politics. She currently works as Welfare Officer at Reading Students Union, and is starting formal journalism training in September 2023 at News Associates. She has a keen interest in human rights, social action, and the intersectional feminist movement.