Practical information & advice

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Read our latest information and posts about coming to (and staying) in the UK

 

Information

Here you’ll find links to various parts of this site where we have information and useful resources relating to coming to (and staying in) the UK.

I’m looking to come to/stay in the UK – will my criminal record cause me a problem?

Possibly as both spent and unspent convictions will be taken into account as well as any traffic offences. Useful links include:

 

Advice

Here you’ll find some of the common advice we give on coming to (and staying in) the UK. This is based on what we’ve learnt as a charity, as well as the real-life experiences of people with convictions.

  • If you’re applying for citizenship or right to remain, you will need to disclose all of your convictions, including those that are spent.

 

Frequently asked questions

Here you’ll find some specific questions that we regularly get about coming to (and staying in) the UK. More detailed FAQ’s may be included in the information pages above.

+-I want to apply for leave to remain in the UK but I have a criminal record. Will this affect my application?
In any application for leave to remain, you will need to disclose your criminal record. If you have been convicted of an offence and were sentenced to over four years in prison, it is likely that your application will be refused. If your sentence was less than four years or you received a non-custodial sentence, then other timescales will be applicable before you can make an application.
+-If my conviction is spent, will I need to disclose it when making an application for leave to remain in the UK?
Yes. Applications for leave to remain are exempt from the Rehabilitation of Offenders Act and you would therefore need to disclose it.
+-Would I need to disclose a caution when making an application for leave to remain in the UK?
As applications for leave to remain are exempt from the Rehabilitation of Offenders Act you will need to disclose your caution. Your application is likely to be refused for two years following receipt of the caution.
+-If I disclose my conviction, will my application for leave to remain automatically be refused?
Disclosure will not necessarily stop you being granted leave to remain. The type of offence, the length of sentence, your immigration history and any patterns in re-offending will be taken into consideration.

If you fail to disclose, then this could be seen as an attempt to deceive the UK Visa and Immigration Department.

+-I received a conviction when I was overseas. Do I need to disclose it when making an application for leave to remain in the UK?
Yes you will. Most overseas convictions are treated as though they happened in the UK.
+-I received a military conviction. Will I need to disclose this when making an application for leave to remain in the UK?
If you have been convicted under court martial or during any other military proceedings, you will need to disclose it on your application for leave to remain.
+-Is the process of applying for leave to remain the same as applying for citizenship?

The process of applying for citizenship is slightly different to applying for leave to remain. We have information on both processes.

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