Can you Apply for a UK Visa if you Have a Criminal Record?
Many people make mistakes and end up with a criminal record in their home country or in a country where they went to study or work on a temporary basis. In this blog, our immigration solicitors look at the immigration rules on UK entry clearance if a visa applicant has a criminal record.
UK Online and London-Based Immigration Solicitors
For expert legal advice on UK visas call OTS Solicitors on 0203 959 9123 or contact us online.
Applying for UK entry clearance if you have a criminal record
You may be able to come to the UK on a visitor visa, family visa, work visa or business visa if you have a criminal record. Immigration solicitors say whether you can do so or not depends on the nature of the conviction.
If you have a criminal record and you want a UK visa it is best to carefully check the immigration rules before you make an application for your visa. Specialist immigration solicitors can guide you through the visa eligibility criteria, including whether you will be able to secure a visa, notwithstanding your record. Call us on 0203 959 9123 or contact us online.
Immigration rules on excluding from UK entry clearance on criminality grounds
Part 9 of the immigration rules contains detailed rules on when a Home Office caseworker or a border official must or may refuse an application for entry clearance, permission to enter or permission to stay on the grounds of criminality.
Mandatory refusal because of a criminal record
A refusal must be made where the visa applicant:
- Has been convicted of a criminal offence in the UK or overseas for which they have received a custodial sentence of 12 months or more or
- Is a persistent offender who shows a particular disregard for the law or
- Has committed a criminal offence, or offences which caused serious harm
In addition, entry clearance must be refused or limited leave to remain must be cancelled if the person falls into any of the above 3 categories.
Our immigration solicitors can advise on whether you are likely to be classed as a ‘persistent offender’ or whether a crime will be classed as causing serious harm.
Discretionary refusal for criminal record
Home Office caseworkers and border officials have some discretion to allow entry clearance, permission to enter or permission to stay in the UK in situations where a person has a criminal record but they fall into 1 of the 2 categories set out below:
- The person has been convicted of a criminal offence in the UK or overseas for which they have received a custodial sentence of less than 12 months or
- The person has been convicted of a criminal offence in the UK or overseas for which they have received a non-custodial sentence, or received an out-of-court disposal that is recorded on their criminal record
Special immigration rules on criminal records for visitor visa applicants or when applying for less than 6 months entry to the UK
There are special immigration rules for Appendix V visa applicants (those applying for a visitor visa ) or if you want to stay in the UK for less than 6 months. Immigration solicitors say the application must be refused where the applicant:
- Has been convicted of a criminal offence in the UK or overseas for which they have received a custodial sentence of less than 12 months unless more than 12 months have passed since the end of the custodial sentence or
- Has been convicted of a criminal offence in the UK or overseas 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
Entry clearance may be refused or limited leave to remain may be cancelled where the person:
- Has been convicted of a criminal offence in the UK or overseas for which they have received a custodial sentence of less than 12 months or
- Has been convicted of a criminal offence in the UK or overseas for which they have received a non-custodial sentence, or received an out-of-court disposal that is recorded on their criminal record
If the person’s record is more serious, they may fall within the mandatory grounds for refusal.
How OTS Solicitors can help you
If you have a criminal record, it is worth speaking to OTS Solicitors to see how we can help you. For example, if you received a criminal conviction for being homosexual in a country where homosexuality is illegal and punishable by a criminal conviction or imprisonment. That is not the case in the UK.
In any situation where a Home Office official is able to exercise discretion and allow entry clearance despite a criminal record, it is best to take immigration legal advice on the prospects for a successful entry clearance or visa application to maximise the prospects of your securing entry clearance or a visa.
Whatever the nature of your visa application our immigration lawyers can provide you with expert advice on the impact of your criminal record on your application and your best visa options. We understand that whether you want a spouse visa so you can be reunited with your husband or wife or whether you want a student visa to further your education and career or a skilled worker visa, you need friendly but specialist help with your application.
UK Online and London-Based Immigration Solicitors
For expert legal advice on UK visas call OTS Solicitors on 0203 959 9123 or contact us online.
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