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No 10's small boat refugees visa ban faces court battle

The Independent

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May 08, 2025

Rules that make it almost impossible for small boat refugees to become British citizens have been hit by a legal challenge, The Independent can reveal.

- HOLLY BANCROFT

No 10's small boat refugees visa ban faces court battle

New guidance issued in February stated that anyone who enters the UK illegally by making a dangerous journey, such as via a small boat over the English Channel or by hiding in a lorry, will "normally" be refused citizenship. The toughened-up rules apply regardless of how much time has passed since the person entered the UK.

Three refugees, who have indefinite leave to remain in the UK, have now filed a legal claim challenging the move, however. The Home Office is expected to defend the policy, likely leading to a clash in the courts over the legality of the changes.

Their claim, which is being led by Duncan Lewis Solicitors, argues that the changes unlawfully discriminate against refugees and breach the Equality Act 2010.

The changes in the policy potentially affect tens of thousands of people who have already been granted settled status in the UK.

Charities warned they could have a "devastating impact on rape survivors and their families" and penalise trafficking survivors.

At the time, the Home Office said that the strengthened measures "make it clear that anyone who enters the UK illegally, including small boat arrivals, faces having a British citizenship application refused".

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