On this page:
- Aim of this information
- Why is this important?
- How criminal records are assessed
- Time periods
- How UKVI make their decisions
- Frequently asked questions
- For more information
- Get involved
Aim of this information
Why is this important?
How criminal records are assessed
Applications for leave to remain are exempt from (i.e. not covered by) the Rehabilitation of Offenders Act 1974.
This means that you need to declare all convictions and police cautions on your application to UK Visas and Immigration (UKVI), even if they are spent.
You will need to disclose your criminal record as part of your application, even if it is spent. Based on the sentences below, your application will normally be refused until:
- Prison sentence (longer than 12 months but less than 4 years): 15 years from the end of your full sentence (including time on licence)
- Prison sentence (up to 12 months): 7 years from the end of your full sentence (including time on licence)
- Non-custodial sentence (including suspended sentences not activated): 2 years from the date of conviction
- Caution: 2 years from the date of caution
How UKVI make their decisions
Declaring a caution or conviction will not necessary mean that your application will be rejected.
It’s important to recognise that failing to fully disclose your criminal record might lead to you being considered as attempting to deceive the system.
Frequently asked questions
For more information
- Practical self-help information – More information coming to the UK can be found here.
- Discuss this issue – Read and share your experiences on our online forum
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