Will a Criminal Record Affect a UK Visa Application?

A criminal record can have a direct effect on the result of your UK visa application, including refusal, delay or additional conditions. Whether and how a criminal record might affect a UK visa application depends on several factors, such as: 

• The type of visa you are applying for (e.g. visitor, work, study, family, or business) 

• The type and seriousness of the offence 

• Whether you received a custodial sentence (i.e. a prison sentence) 

• The length of any sentence 

• The time since the criminal conviction and sentence 

• If there are any exceptional circumstances which should be taken into account 

Some criminal convictions lead to an automatic mandatory UK visa refusal based on the Immigration Rules, while others may be reviewed on a discretionary basis by the Home Office.  

The way in which criminality is assessed varies depending on the visa route you choose. The effect of criminality on visitor visas, student visas, work visas, business visas, and Indefinite Leave to Remain (ILR) applications is covered in the Home Office’s Immigration Rules part 9 ‘Grounds for Refusal’ rules, which are explained below. Criminality in relation to applications for spouse visas, Appendix Private Life (Article 8), EU Settlement Scheme (EUSS), asylum, and British citizenship are considered under separate rules.  

It is important that you always declare every conviction or caution (spent or unspent) from inside or outside the UK when making a visa application. Including this information on your application does not necessarily mean it will be refused, but failure to declare may lead to refusal on the basis of false representation. 

If you have a criminal record and are considering making a UK visa application, it is highly recommended to seek advice from an immigration lawyer before applying. Doing so will save you time, money and stress. Contact us for a free consultation by calling at 020 3744 2797

What criminal record grounds automatically lead to UK visa refusal? 

The following reasons (called ‘grounds’) will automatically lead to the refusal of your UK visa application for entry clearance, permission to enter or permission to stay, as they are specifically mentioned in the mandatory refusal list: 

• Exclusion, deportation order or travel ban grounds 

• Non-conducive grounds 

• Criminal grounds 

Exclusion, deportation order or travel ban grounds

Your visa application will be automatically refused by the Home Office if you have been excluded or deported from the UK in the past. A person may be excluded from the UK for many reasons, including breaching the terms of their visa, overstaying, or breaking the law.

Non-conducive grounds

An application for a UK visa will be refused if the applicant’s presence in the UK is not deemed ‘conducive to the public good’ due to their conduct, character, associations or other reasons. This may include convictions which do not fall within the criminality grounds.

Criminal grounds

A UK visa applicant will have their case automatically refused if they: 

• Have been convicted of a criminal offence in the UK or overseas for which they have received a custodial sentence of 12 months or more 

• Are a persistent offender who shows a ‘particular disregard for the law’, or 

• Have committed a criminal offence, or offences, which caused serious harm (e.g., serious assault or domestic violence)

What criminal record may lead to a UK visa refusal?

Visa applications for entry clearance, permission to enter or permission to stay ‘may be refused’ if certain conditions are met according to the Immigration Rules. The term ‘may be refused’ in this context means that the case officer handling the case can use their own discretion to decide whether to refuse the visa based on the facts of the case.  

A UK visa applicant may have their case automatically refused if they: 

• Have been convicted of a criminal offence in the UK or overseas for which they have received a custodial sentence of less than 12 months 

• Have been convicted of a criminal offence in the UK or overseas for which they have received a non-prison (non-custodial) sentence, or received an out-of-court disposal order (OOCD) that is recorded on their criminal record. An OOCD provides a way for the police in the UK to deal with low levels of crime without taking the offender to court 

• The applicant lied on their application, or has been involved in a sham marriage or sham civil partnership, or 

• The applicant breached the immigration law in the UK (e.g. by overstaying) 

There are certain visa-specific rules that applicants should also be aware of. For example, the Immigration Rules state that an Innovator Founder Visa application may be refused if the applicant: 

• Is the subject of any serious civil or criminal investigations or proceedings with regard to corruption or other financial crime or financial misconduct, or 

• Has been the subject of non-criminal sanctions, including being disbarred from acting as a director or carrying out regulated financial activities in any country.

Does a criminal record affect a UK visitor visa application?

A criminal record may affect your UK visitor visa application depending on the circumstances. The rules state that a visitor visa application must be refused if the applicant has been convicted of a criminal offence in the UK or overseas for which they received a prison sentence: 

• Of less than 12 months, unless more than 12 months have passed since the end of the sentence, or 

• For which they have received a non-custodial sentence, or received an out-of-court disposal that is recorded on their criminal record, unless more than 12 months have passed since the date of conviction. 

It is important to note, however, that your visitor visa application may be granted despite having a criminal record if more than 12 months have passed since the end of your custodial sentence or conviction (assuming you did not receive a custodial sentence). 

Can you still apply for a UK visa if you have a criminal record?

You may still be able to apply for a UK visa (e.g. a study, work, business, visitor, or family visa) if you have a criminal record because the Home Office will consider your case on its own merits. If you clearly meet the criteria as set out above for automatic refusal, consider waiting until 12 months have passed from the end of your custodial sentence or conviction. Other ways to ensure the success of your UK visa application include providing a covering letter to explain if you have any exceptional circumstances in relation to your criminal record.  

If you are concerned your criminal record may affect a UK visa application, contact our immigration lawyers for a personalised assessment. We understand UKVI rules and processes and can advise on the likelihood of approval, recommending steps to improve your chances if refusal is possible. To speak with one of our immigration lawyers, call 020 3744 2797 or complete our enquiry form.