Duncan Lewis Solicitors’ public law team has taken legal action against the Home Office’s controversial policy change preventing many from becoming British citizens—a case that has attracted significant media attention, including coverage in The Guardian and Forbes.
On 10 February 2025, the Home Office published an updated version of its Nationality: Good Character Requirement policy (version 6.0), introducing a new provision stating:
“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.”
This change effectively labels all “illegal entrants” as being of “bad” character, disregarding individual circumstances. NGOs and affected individuals have turned to Duncan Lewis to challenge the policy, raising serious concerns about its impact on citizenship applications, which currently cost £1,630.
In defence of the policy, Lord Hanson, Minister of State for the Home Office, argued in the House of Lords that, “we have strengthened measures to ensure that anyone who entered the UK illegally faces having British citizenship refused.” However, the Refugee Convention prohibits penalising refugees for unauthorised entry and requires states to facilitate their naturalisation. The new policy directly contradicts this principle.
Duncan Lewis has submitted a pre-action letter, alleging that the policy breaches the Refugee Convention, misinterprets domestic law, and unlawfully discriminates against individuals otherwise eligible for British citizenship. The legal challenge, led by Toufique Hossain, Ben Nelson, Kristen Allison, and Thomas Munns, with Alex Goodman KC and Charles Bishop of Landmark Chambers as counsel, has already sparked national debate and media scrutiny.
Duncan Lewis is recognised as the UK’s leading public law and immigration firm, known for successfully challenging government policies, including the Rwanda plan and Manston House cases. Named Law Firm of the Year 2024 at the LexisNexis Awards, the firm is ranked as top-tier by Chambers and Partners and The Legal 500, and among the UK’s top 250 law firms by The Times.
This latest legal battle has once again placed Duncan Lewis at the forefront of the fight for justice, with media outlets including The Guardian and Forbes highlighting the case’s significant implications for immigration rights.
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Duncan Lewis Solicitors is a multi-award-winning national law firm renowned for exceptional legal services and commitment to justice. With expertise in 25 areas of law, the firm is ranked in Chambers & Partners and Legal 500 as a top-tier law firm and has been named a Times Top 250 Law Firm. Headquartered in London, the firm is recognised for its excellence in people management, holding the Investors in People Gold Standard Accreditation, and embraces a paperless, hybrid-working model.