Afghan refugee challenges UK planed changes to citizenship rules

Proposed changes would prevent those who arrive via “dangerous journeys,” from obtaining British citizenship.

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A young Afghan refugee has launched the first legal challenge against the UK government's planned changes to citizenship rules, which could prevent those who arrive via “dangerous journeys,” such as small boats or lorries, from obtaining British citizenship.

The case is being brought by a 21-year-old Afghan who fled Afghanistan at the age of 14, arriving in the UK after being smuggled in the back of a lorry. The refugee was granted asylum and, after five years, received indefinite leave to remain.

He was scheduled to apply for British citizenship on March 1, but new government proposals introduced last week have made it almost impossible for refugees who arrived through irregular means to apply, regardless of the time they have spent in the UK.

Tens of thousands of refugees could be impacted by the new guidelines, which state that from February 10, 2025, anyone applying for citizenship who previously entered the UK illegally will be denied, even if they have lived in the country for many years.

The Afghan refugee behind the challenge has described the situation as "a source of great anxiety," fearing that the new rules will leave him vulnerable and isolated, unable to vote or travel freely. The changes have made him feel uncertain about his future in the UK, where he has been living for nearly seven years.

His legal team, led by Toufique Hossain of Duncan Lewis solicitors, argues that the updated guidance, which defines refugees as not of “good character” because of their method of entry, is unlawful.

Hossain criticized the policy as politically motivated, accusing Home Secretary Yvette Cooper of repeating the mistakes of previous administrations by introducing measures aimed at punishing refugees and migrants who entered the UK through irregular channels.

The new policy forms part of updated government guidance regarding the “good character” requirement for citizenship. Under the revised rules, applicants who entered the UK illegally — including those arriving via small boats — are deemed ineligible for British citizenship, regardless of their conduct since their arrival.

Prior to the publication of this guidance, the Afghan refugee would have met the good character requirements. He has no criminal record, followed immigration rules, has a strong command of English, and plans to train as a mechanical engineer to contribute to the British economy and society.

The legal challenge points out that the new policy contradicts international law, including the 1951 UN Refugee Convention, which states that refugees should not be penalized for illegal entry.

The convention also calls for states to expedite naturalization processes for refugees. The legal claim argues that the government’s new policy misinterprets the provisions of the 1981 British Nationality Act and breaches the European Convention on Human Rights and equality laws.

The policy has sparked widespread criticism, with refugee advocacy groups and some Labour MPs, including Stella Creasy, condemning it as a measure that would permanently keep refugees in a position of second-class citizenship.

A Home Office spokesperson defended the changes, saying, "There are longstanding rules that can prevent those arriving illegally from gaining citizenship. This guidance is strengthening these measures to make it clear that anyone who enters the UK illegally, including small boat arrivals, faces having a British citizenship application refused."