Will a Criminal Record Affect a UK Visa Application?

Will a Criminal Record Affect a UK Visa Application?

In most cases, a serious criminal record will affect the viability of a UK visa application in some way.

Most UK visa pathways will consider any criminal activity that visa applicants have been involved in when evaluating their eligibility. However, while a criminal record may make the visa application process more complicated, the true impact it may have on your eligibility to obtain a visa permission will depend on the circumstances and nature of the crime, as well as the sentence you received and the time since your criminal conviction.

A serious crime or long prison sentence are usually the main factors that may affect your eligibility while a minor offence often may not come with significant consequences for your visa eligibility.

Applying for a Visa with a Criminal Record

When applying with a criminal record, your petition may face additional scrutiny, and it is essential that your application is as strong as it can be.

You will need to convince the immigration officer assessing your application that you are not going to break the law in the UK or otherwise pose a risk if you are permitted to enter.

Additionally, you will need to make sure that you meet all the other requirements for your chosen visa permission and that you will be able to continue meeting them once you are in the United Kingdom.

Contact our immigration lawyers for assistance with applying for a visa with a criminal record. Call us at +44 (0)333 414 9244 or contact us online.

Considerations When Applying for a Visa with a Criminal Record

Depending on the type of immigration permission you are applying for and the specifics of your criminal record, you may still be able to obtain a UK visa. Specific time frames may vary if you are applying for a short-stay visitor visa and UK entry clearance or for indefinite leave to remain, but there are some conditions where a visa cannot be granted. Your visa application will be subject to mandatory refusal if:

• You received a prison sentence of over 4 years
• You received a prison sentence of 12 months to 4 years and 15 years have not yet passed since
• You received a prison sentence of under 12 months and 7 years have not yet passed since

A further condition means that you will not be eligible to apply for indefinite leave to enter or remain if you have committed a criminal offence and received a non-custodial sentence in the 24 months before a decision is made on your visa application.

Non-custodial sentences may include civil orders, fines, or driving disqualifications. You should note that a fixed penalty notice is unlikely to disqualify you from obtaining a visa. Should you have been issued several non-custodial sentences, this might further affect your eligibility, as this might mark you as a persistent offender.

It is important to understand that while the aforementioned conditions can help you orient yourself when applying, they are by no means exclusive, and your application may be subject to discretionary refusal. If you are deemed to be a threat to people or national security, you will likely not be granted a visa.

Similarly, repeat offences or a perceived likelihood that you will break the law or the rules of the visa permission you are applying for may also lower your chances as these actions go against public interest.

Generally, it is a good idea to seek specialist support when applying for a UK visa with a criminal background. Consulting with an immigration expert who is able to offer you legal advice on your specific circumstances can help you file a compelling application and raise your chances of being accepted for a visa.

Our team of immigration lawyers at IAS will be able to assess your eligibility and advise you on the best steps to take when applying for your visa. You can call us today at +44 (0)333 414 9244 to speak to one of our experts.

What Is the UK Visa Criminal Record Check?

When applying for a UK visa, you may be asked to provide an overseas criminal record certificate. This is an official document issued from the relevant authority in your home country or any other countries where you may have spent a significant amount of time or where you have been convicted of a crime. Where required, you should provide an original copy or scan of your certificate.

For UK visa applications, you will often be asked to provide these documents covering the last ten years. This means that you will need to provide an overseas criminal record certificate from each country that you have lived in, or spent a total of at least 12 months in over the last decade, provided that you were 18 years old or above. 

When providing these documents, you should ensure that the most recent document is no older than six months at the time you apply for your visa. Any other records should have been issued within the last six months of your most recent stay in the respective country.

Additionally, you may need to provide an official translation if the document is not already in English.

Which Visas Need an Overseas Criminal Record Certificate?

While your criminal background is a relevant factor that is considered for most UK visas, there are certain pathways that require you to provide more complete information about your criminal background. Visas requiring such documentation include but are not limited to:

• Skilled Worker Visas in education, health care, social care sectors

• Dependent Partner Visa (where you are joining someone who is in the UK on one of the other visa categories listed here)

If you are already in the UK and are applying to change your visa to one of the listed categories, you will usually not be asked to provide an overseas criminal record certificate.

What Happens If You Can’t Get a Criminal Record Certificate

Under some exceptional circumstances, you may not be able to provide an official criminal record certificate. This may either be due to the country not having a functional criminal record system, or due to the country not providing police certificates for anyone but citizens. 

If this is the case, you will need to write a statement explaining why you are not able to provide a criminal record for this country.  UK Visa and Immigration (UKVI) will assess such situations on a case-by-case basis but you should note that if you are found to be lying or are otherwise providing misleading information in this statement it might have significant consequences and could see you permanently excluded from entering the UK.

Should your statement be found to not offer sufficient reason for your inability to provide a criminal record certificate, you are unlikely to be accepted for a visa.

Additionally, where relevant a prospective employer may be required to find out as much as possible in lieu of the criminal record certificate before offering to hire you. This might come through the form of references.

Travelling to the UK with a Visa and a Criminal Record

As with any visa, obtaining your permission does not guarantee you entry into the UK. This will be decided by the border official at your port of entry.

You will likely need to provide your visa, passport, and criminal record, as well as any other documents that are required for your particular visa. It is important that you cooperate to the best of your abilities.

Once you are in the UK, it is important that you remain in line with the overall immigration rules and conditions laid out in your visa. You are also expected to adhere to UK law. Participating in illegal activities or causing unrest or serious harm will invalidate your visa and very likely affect your chances of being granted another one in the future.

How Can IAS Help?

While obtaining a UK visa with a criminal record can be daunting, it doesn’t mean that you cannot be successful. Seeking support from an immigration expert can help your chances significantly, ensuring that you provide the right documents and file an overall compelling application.

At IAS, our immigration lawyers are experienced with the nuances of navigating visa permissions with a criminal background. You can call us today at +44 (0)333 305 9375 and we will work with you to determine your eligibility and best course of action. Your dedicated immigration lawyer will help you prepare for your application and make sure that you are not missing anything important. Alternatively, if you have previously been refused a visa we may also be able to help you appeal this decision.