UK immigration crackdown: Citizenship now out of reach for most refugees

The UK government on Tuesday introduced new rules that make it nearly impossible for refugees, including those from India, who entered the country illegally to obtain British citizenship.

 

UK's New Home Office guidance states that anyone who has entered the UK illegally, including by boat or by hiding in a vehicle, will “normally” be refused citizenship. The change applies regardless of how much time has passed since their arrival.

 

“There are already rules that can prevent those arriving illegally from gaining citizenship. This guidance further strengthens measures to make it clear that anyone who enters the UK illegally, including small boat arrivals, faces having a British citizenship application refused,” the UK Home Office said in a press release.  

 

 

The guidance, which applies from February 10, 2025, has been described as a “clarification” for caseworkers assessing whether applicants meet the “good character” requirement for citizenship.

 

A separate clause adds that those arriving without the required entry clearance or travel authorisation after making a “dangerous journey” will also face refusal.

 

Previously, those who had entered the country irregularly were required to wait ten years before applying for citizenship.

 

The change has drawn criticism from refugee organisations and some MPs. Labour’s Stella Creasy said the move would mean refugees “forever remain second-class citizens.”

 

Enver Solomon, CEO of the Refugee Council, said in a social media post: “The British public want refugees who have been given safety in our country to integrate into and contribute to their new communities, so it makes no sense for the government to erect more barriers. We urge ministers to urgently reconsider.”

 

Former Labour home secretary Lord Blunkett called on the government to reflect on the impact of the policy. “Surely this Parliament should have a say in such a big change,” he told the House of Lords. He also warned of the implications for children and the risk of statelessness if their birth country refused to renew or retain their nationality.

 

Responding to concerns, Home Office minister Lord Hanson of Flint said children would be “considered sympathetically under existing legislation.”

 

Impact on Indian migrants  

 

Recent years have seen a rise in Indian nationals attempting to enter the UK through irregular means. In 2023, approximately 1,194 Indians were detected crossing the English Channel in small boats, making up about 4.1% of such arrivals.

 

Some migrants have used a method known as “donkey flights,” where they first travel to a Schengen-zone country on a tourist visa before attempting to enter the UK via other European nations. Others have been discovered concealed in lorries and vans.

 

In one recent case, two people were convicted for attempting to smuggle four Indian men hidden beneath a pile of tyres in a van.

 

The UK Home Office has stepped up enforcement action against illegal working. Immigration Enforcement teams raided 828 premises across the UK, including restaurants, car washes and nail bars, resulting in 609 arrests in January.

 

Home Secretary Yvette Cooper said: “The immigration rules must be respected and enforced. For far too long, employers have been able to take on and exploit illegal migrants and too many people have been able to arrive and work illegally with no enforcement action ever taken.”

 

A visit to an Indian restaurant in Humberside resulted in seven arrests and four detentions. The UK government said its teams had issued 1,090 civil penalty notices since July 2023, with employers facing fines of up to £60,000 per illegal worker.

 

Asylum trends and challenges  

 

UK data shows that in 2023, 41% of asylum seekers were from Asian countries, including Afghanistan, India, Pakistan, Bangladesh and Vietnam. Indian nationals accounted for 4,800 asylum applications but had the lowest approval rates, with success rates between 6% and 9%. By comparison, approval rates for Pakistani applicants ranged from 53% to 55%, while Iranian applicants had success rates of 77% to 86%.

 

Why migrants take risks  

 

Experts at the Niskanen Center, a US-based think tank, say many migrants seeking entry into the UK and other Western nations are not from the poorest backgrounds but often lack access to legal migration routes due to factors like lower education levels or language barriers.

 

Gil Guerra and Sneha Puri, analysts at the organisation, said: “Migrants are not from the lowest economic strata but lack access to tourist or student visas, often due to lower education or English proficiency.”

 

Many migrants reportedly pay agencies as much as £79,000 (Rs 80 lakh) to facilitate their journeys, often financing the cost by selling land or taking out loans.

 

Immigration lawyer Prashant Ajmera told Business Standard: “While in some cases people are duped by fraud agents, many are aware of the risks and uncertainties but are still willing to take the chance.”