Failing the good character test

This item was released by courtesy of Forces Watch

On the 25th February 2014 MP Madeleine Moon asked the Secretary of State for the Home Department how many applications for British citizenship have been made by foreign and Commonwealth personnel (a) currently or (b) recently serving in the armed forces who have been refused citizenship on the grounds that the good character request is not met; and if she will make a statement.

James Brokenshire (Minister of State (Home Office) (Security and Immigration); Old Bexley and Sidcup, Conservative) replied that four serving members of HM armed forces have been refused British citizenship because they did not meet the criteria set for good character in the 12 months leading to their application.

Meanwhile, Poloko Hiri, a former soldier from Botswana, who was initially denied UK citizenship owing to a speeding conviction, is to have the decision reviewed. Hiri served with the army for four years and is now a reservist. He had an “exemplary” record during his full-time military career.

His application for citizenship was refused in 2012 but a High Court judge has now ruled the decision-making process was legally flawed and should be reconsidered by the home secretary.

UK authorities decided Sapper Hiri did not have the ‘good character’ required for British citizenship because of a speeding conviction which will not be spent until 2016. In November 2011, he had admitted exceeding a temporary 50mph speed limit on the M1, for which he received a £100 fine and five points on his licence.

Inevitably the case was made that Hiri’s readiness to fight for Britain qualified him for citizenship.  His commanding officer commented: ‘To see that Sapper Hiri has been denied British citizenship for what is deemed as ‘bad character’ directly contradicts his performance as a serving soldier.’

His solicitor Toufique Hossain said: ‘Our argument was simply that a man who gave his life to fight for this country, and in every other way but for one speeding offence, showed good character, should not be deprived of British citizenship.’

I wonder whether the four cases cited by James Brokenshire will be able to contest the decisions to block their citizenship as well. More importantly, is this reasoning possible when the individuals have been working as doctors, teachers, nurses and other professions which demand selfless commitment and forms of sacrifice?

Last barrier to citizenship?

Commonwealth soldiers serving in the UK armed forces are not often in the news these days, but when they are, the occasion is invariably prompted by immigration issues. Most recently it has been in connection with individuals who have served in the army for years but, after leaving, been refused settlement in the UK or even UK citizenship, for a variety of reasons. These situations routinely point to the contradictions inherent in their fraught position as soldiers (patriotic citizens!) and migrants (unwanted scroungers!).

The latest episode to attract media attention – although minimal by comparison – concerns a private members bill currently going through parliament. Its aim is to fix a clause in the 1981 Nationality Act that effectively disadvantages members of the armed forces applying for UK citizenship. The 1981 act ruled that those applying for citizenship must show that they were physically present in the country five years to the day before the application is made. For those Commonwealth citizens in the armed forces, either based outside the country or deployed in Iraq, Afghanistan or elsewhere, this presents an obstacle that was not officially recognized until 2010 when the coalition government was forced to consider the legal implications of the military covenant.

This private member’s bill, proposed by Woking Tory MP Jonathan Lord, Citizenship (Armed Forces) Bill has romped through the House of Commons with minimal objections from those who stayed in to debate it. Having established that it only affects around 200 service people in all, and won’t herald a new flood of migrants demanding to live in the UK, the bill has now begun the process through the House of Lords. A transcript of the Commons debates can be found here and gives a vivid, though utterly predictable, account of how these issues are treated by our leaders.

Commonwealth army recruits in 2010

Map showing home countries of Commonwealth recruits at the Infantry Training Centre, Catterick, in 2010.