Member

186: After Clause 48, insert the following Clause— “Good character requirement for citizenship(1) Part 5 of the British Nationality Act 1981 is amended as follows.(2) After section 41A, insert—“41B Good character requirement(1) The good character requirement must not be applied in a manner contrary to the United Kingdom’s obligations under international law relating to immigration and asylum.(2) When considering whether a person (P) meets the good character requirement, the Secretary of State may not take into account P’s illegal entry to or arrival in the United Kingdom—(a) if P was under the age of 18 at the time of such entry or arrival, and(b) except to the extent specified in guidance on the good character requirement published at the time of such entry or arrival.(3) In this section "the good character requirement" refers to the provision regarding a person being of good character in section 41A (Registration: requirement to be of good character), section 4L (Acquisition by registration: special circumstances), and paragraphs 1 and 5 of Schedule 1 to the British Nationality Act 1981.””Member's explanatory statement This new clause would ensure the good character requirement is not applied contrary to the UK’s international legal obligations. It also ensures that an assessment of good character may not take into account a person’s irregular entry or arrival to the UK if they were a child, and it may only be taken into account to the extent specified in guidance published at the time of an adult’s irregular entry or arrival.