What kinds of criminal convictions are considered in immigration applications?

UK immigration decision-makers do not only look at very serious offences; they consider a wide range of criminal history and conduct when assessing immigration applications. This includes convictions in the UK as well as overseas, and the fact that an offence is old does not mean it will automatically be ignored.

Custodial sentences such as imprisonment are taken into account, but so are non-custodial disposals such as fines, community orders and suspended sentences. Police cautions or other seemingly minor disposals can also be relevant where they appear on a criminal record. In addition, caseworkers assess whether offending is isolated or repeated, whether the seriousness escalated over time, and whether there is evidence that court orders or conditions have been breached, as this goes to the overall attitude to the law and risk to the public.

Who is treated as a “persistent offender”?

“Persistent offender” is not defined by a fixed number of convictions; instead, it is a label applied after looking at the pattern of offending over a period of time. Where similar offences occur repeatedly within a relatively short period, a person may be treated as a persistent offender even if each individual offence is relatively minor.

If someone reoffends soon after being convicted or cautioned, or repeatedly fails to comply with probation, conditional discharges or other court orders, this can be viewed as showing a clear disregard for the law. Once a person is treated as a persistent offender, this can trigger mandatory refusal in certain immigration applications, and in the context of citizenship, it is likely to mean that the “good character” requirement is not met. For anyone with multiple convictions, it is therefore important to have the overall pattern properly reviewed by a specialist adviser.

Do criminal records have to be fully disclosed in immigration applications?

UK immigration application forms ask detailed questions about criminal history, and it is essential that these are answered fully and honestly. It is risky to assume that an old conviction has “dropped off” or that a small fine does not need to be mentioned. Most application forms ask about all criminal convictions in the UK and abroad, and some also ask about cautions, fixed penalties, road traffic offences and any ongoing investigations or prosecutions.

For certain visa categories, particularly where work involves children or vulnerable adults, an official criminal record certificate from the UK or the applicant’s home country must be provided. The Home Office has access to UK criminal databases and, in some cases, information from overseas authorities, so non-disclosure is likely to be discovered. If an applicant omits or minimises their criminal history, the act of concealment can itself be treated as deception, leading to refusal of the application and, in some cases, cancellation of existing leave.

How do criminal convictions affect ILR applications?

In ILR applications, it is not enough to meet the basic eligibility requirements, such as residence and knowledge of language and life in the UK; the Home Office also conducts a “suitability” assessment, which includes criminality and conduct. If criminal convictions cross certain thresholds, the application must be refused; below those thresholds, refusal is still possible on a discretionary basis. As a general rule, anyone who has received a custodial sentence of 12 months or more, whether in the UK or abroad, falls within the scope of mandatory refusal in ILR applications.

In addition, someone treated as a persistent offender, or whose offending is considered to have caused serious harm (for example, serious violence, sexual offences, major drugs offences or large-scale fraud), may find their ILR application refused and any existing permission curtailed. Shorter custodial sentences and non-custodial disposals such as fines and community orders are usually considered in the discretionary sphere, where the type of offence, how long ago it occurred, any subsequent offending, family life, length of residence in the UK and evidence of rehabilitation are all weighed up. Where there was a single, relatively minor conviction some years ago and the person has lived an otherwise law-abiding life since, a well-prepared ILR application with clear explanations and supporting evidence may still succeed.

When are immigration applications refused on a mandatory basis and when on a discretionary basis?

Understanding the difference between mandatory and discretionary refusal is crucial when planning an immigration application. If a case falls within a mandatory refusal ground, the decision-maker will usually have little or no scope to grant the application, even if they are sympathetic to the circumstances. Mandatory refusal normally applies where there has been a custodial sentence of at least 12 months, where the person is assessed as a persistent offender, or where they have committed an offence causing serious harm. In such situations, unless there are very exceptional or humanitarian factors, it is often difficult to obtain a grant of leave.

By contrast, discretionary refusal applies where the criminality does not meet those strict thresholds but is still serious enough to raise concerns. This includes custodial sentences of less than 12 months, repeated non-custodial convictions and cautions, and conduct such as immigration fraud or use of false documents, even in the absence of a conviction. In discretionary cases, the Home Office should consider how much time has passed since the offending, whether there has been any reoffending, the strength of the applicant’s family and private life in the UK, and what steps they have taken towards rehabilitation. Strong, well-evidenced representations can sometimes tip the balance in favour of a grant.

How are EEA citizens’ settled status and ILR applications affected?

For EU, EEA and Swiss citizens and their family members, criminality remains highly relevant under the EU Settlement Scheme (EUSS) and for any later ILR applications under the general immigration rules. EUSS applicants are subject to criminal record checks and must declare convictions both in the UK and overseas. Particular attention is given to prison sentences in the previous five years, any custodial sentence of 12 months or more, multiple convictions within a relatively short period, and serious offending such as immigration fraud, violent crime, drug trafficking or sexual offences.

Where there has been a period of imprisonment, this can break the “continuous residence” required for settled status, meaning that an applicant may need to build up a further five years of qualifying residence after release. Many EEA nationals are now applying for ILR through work or family routes rather than under the EUSS; in those cases, the same criminality rules apply as for non-EEA nationals, and there is no special leniency simply because of EEA citizenship.

How do criminal convictions impact citizenship applications?

When someone applies to naturalise as a British citizen, the Home Office must be satisfied that they meet the “good character” requirement, which covers criminal history, immigration compliance, honesty, finances and wider conduct. Criminal convictions are a central element. In general, an application will normally be refused where the applicant has received a custodial sentence of 12 months or more, or where they are regarded as a persistent offender or as someone who has committed an offence causing serious harm. Serious violent, sexual or drug offences and large-scale fraud are particularly damaging.

Being on the sex offenders register is likely to be fatal to a citizenship application, regardless of the length of the sentence imposed. Shorter custodial sentences and repeated non-custodial disposals are assessed in light of how long ago they occurred, the presence or absence of subsequent offending and evidence of rehabilitation such as stable employment, community involvement and completion of treatment or programmes. In addition, the Home Office considers whether the applicant has been honest in previous immigration applications, whether they have complied with tax and National Insurance obligations, and whether there has been any history of deception or document fraud, all of which can undermine a claim to good character even if there are no recent criminal convictions.

Do immigration applications affect criminal sentencing?

Criminal courts in the UK do not alter sentences simply because an individual has made, or plans to make, an immigration application. Sentences are set according to criminal law principles and sentencing guidelines, independently of immigration considerations. Immigration decisions are then taken afterwards in light of the sentence imposed. However, there is a strong connection in practice because the length and nature of a sentence can have significant consequences for immigration status. A custodial sentence of 12 months or more will almost always trigger consideration of deportation and is likely to fall within mandatory refusal rules for future visa, ILR and citizenship applications.

Even shorter prison terms can lead to deportation action depending on the circumstances, and any period in prison can disrupt continuous residence for the purposes of settled status under the EUSS. So while an immigration application does not change the sentence, the sentence can heavily influence whether someone will be able to obtain or keep leave to remain or acquire British citizenship.

What other criminality-related factors are considered in immigration applications?

The Home Office does not only look at formal convictions; it can also take into account wider conduct, reliability and risk when deciding immigration applications. In some cases, non-conviction information held by the police or other public bodies about serious criminal behaviour may be considered, particularly where there are concerns about public safety or national security. Deception during immigration or nationality applications – such as submitting false documents, using another person’s identity, or entering into a sham marriage – is treated extremely seriously and can lead to refusal or cancellation of leave even if there has been no criminal prosecution.

Deliberate tax evasion, involvement in illegal working or employing people unlawfully can also damage an applicant’s credibility. Where there is any link with terrorism, extremism or threats to national security, applications are scrutinised under very strict standards. Ultimately, two people with similar convictions can receive different outcomes depending on when the offences took place, what has happened in their lives since, and how convincingly they can demonstrate remorse, rehabilitation and positive contribution to the community. It is therefore vital not only to disclose the record but also to present clear evidence explaining the context and showing change.

Conclusion and how to get advice

Applications for UK visas, ILR and British citizenship are now assessed under increasingly strict criminality and character rules, and even relatively minor or old convictions cannot simply be assumed to be irrelevant. Decision-makers consider the type and length of sentence, the number and timing of offences, any pattern of repetition, and the steps taken to avoid reoffending and build a stable life in the UK. Because of this, it is essential to plan the timing and presentation of any immigration application carefully in light of individual circumstances.

The information above is intended as a general guide only and does not amount to legal advice. If you are preparing a visa, ILR or citizenship application, or if you would like to understand how your criminal record might affect a future immigration application, you should seek tailored advice based on your specific history and plans.