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A 21-year-old Afghan refugee has launched the first legal challenge against the UK government's new British citizenship restrictions, which aim to block refugees who arrived via “dangerous journeys” from becoming citizens. The policy, set to take effect on 10 February 2025, has been widely condemned by immigration experts and human rights organisations.
The Home Office's revised guidelines will make it nearly impossible for asylum seekers and refugees who have entered the UK through small boats, lorries, or other irregular routes to obtain British citizenship, regardless of how long they have lived in the country or how well they have integrated into society.
Under these new rules:
Tens of thousands of individuals who have lawfully built their lives in the UK could now face permanent exclusion from British citizenship.
The legal challenge is being brought by a young Afghan refugee who arrived in the UK at 14, having fled the Taliban and endured a perilous journey in the back of a lorry. After being granted refugee status, he completed the five-year residency requirement and obtained indefinite leave to remain. He had been set to apply for British citizenship on 1 March 2025 but is now blocked from doing so due to the new policy.
In his legal claim, he states that the rule change has caused great distress, making him feel vulnerable and isolated in the UK. He fears being permanently excluded from British society, unable to vote, travel freely, or fully integrate despite having followed the immigration process lawfully.
His solicitor, Toufique Hossain of Duncan Lewis Solicitors, criticized the policy, stating:
“It is upsetting for so many who had hoped for a new approach to now see this Home Secretary repeating the same mistakes as her various predecessors. For the sake of political expediency, [Yvette Cooper is] willing to roll out unlawful policies with the sole purpose of punishing migrants and refugees – those who are quite clearly of good character and eligible for citizenship.”
Refugee advocates argue that this policy violates the UK’s legal and international obligations:
Labour MP Stella Creasy and refugee organisations have strongly opposed this change, stating that it could leave refugees as "second-class citizens" forever.
A Home Office spokesperson defended the policy, 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.”
While previous governments had policies restricting citizenship for those with serious criminal records, this new rule marks a significant expansion, affecting people who have followed UK immigration rules but entered through irregular means out of necessity.
The legal challenge is now proceeding through the courts, and its outcome could have a major impact on thousands of refugees who have been lawfully living and contributing to British society. If successful, it may overturn what critics have called an unjust and discriminatory policy.
At Worldwide Immigration, we continue to monitor major UK immigration law developments and provide guidance for those impacted by legal changes. If you have concerns about your citizenship application or status, contact us for expert immigration advice.
