Can I Get a UK Visa with a Criminal Record?
- Amir Nikfekr
- Jul 6
- 11 min read
Updated: Jul 7
If you have a criminal record and are planning to apply for a UK visa, you're not alone—and may still have options. UK immigration law requires full disclosure of all criminal convictions, penalties, arrests, cautions, civil judgments, and civil penalties, no matter where or when they occurred. Failure to declare relevant information may lead to refusal of your application, or worse. In this guide, we'll break down the different types of criminal conviction, what a criminal record normally includes, and most importantly, how convictions and other penalties may affect your application.
Summary
I was convicted of an offence overseas which is not considered criminal in the UK
I was convicted of an offence abroad but was later acquitted.
I need to provide a criminal record certificate. What is it and how can I obtain one?
Will my criminal record impact my application for British citizenship?
Will my criminal record be checked for an Electronic Travel Authorisation (ETA) application?
What do I need to disclose to the Home Office?
Application forms make clear where a person must disclose relevant information and state that failure to declare it may lead to refusal of their application. The question generally comes in the following wording:
At any time have you ever had any of the following, in the UK or in another country?
A criminal conviction
A penalty for a driving offence, for example disqualification for speeding or no motor insurance
An arrest or charge for which you are currently on, or awaiting trial
A caution, warning, reprimand or other out-of- court penalty
A civil court judgment against you, for example for non payment of debt, bankruptcy proceedings or anti-social behaviour
A civil penalty issued under UK immigration law
This question appears due to Part 9 of the Immigration Rules, which enables the Home Office to refuse or cancel applications to enter or stay in the UK on the basis of criminal or non-conducive grounds.
What is a criminal conviction?
A criminal conviction is where a relevant criminal justice institution, normally a court or tribunal, finds a person guilty of breaking the law. This occurs when there is a guilty plea or guilty verdict reached by a jury, magistrate, or judge. The person is then convicted and will receive some form of punishment known as a sentence, ranging from absolute or conditional discharges and fines through to community service, suspended sentences, or prison sentences of varying lengths.
What is a criminal record?
A criminal record relates to the history a person has had with the criminal justice system. It includes criminal convictions and other formally recorded events with law enforcement, such as the police. A criminal record will contain things like cautions, warnings, and arrests. A person with a criminal record can face difficulties in various aspects of their life, including when seeking employment, applying for mortgages or loans, and travelling abroad.
What is a penalty?
A penalty is a form of punishment issued for minor criminal offences without the need for the person to attend court. They may be referred to as penalty notices, penalty charge notices, or penalty notices for disorder. They include things like fines, compensation orders and driving disqualification. Penalties do not form part of a person's criminal record, but must be disclosed to the Home Office for immigration purposes.
What is a caution?
A caution is a formal warning issued by the police. It is given when a person admits to committing a minor offence which is normally their first. Cautions are oftentimes the end of the matter and do not involve prosecution, but they must be accepted by the person to take effect. If a caution is refused, the person may then be charged and prosecuted instead. Whether or not a caution has to be declared depends on the type of caution.
Simple Caution
The requirements for a simple caution are:
The offender has admitted the offence
The offender is willing to accept the caution
There is sufficient evidence to provide a realistic prospect of a conviction
The offence is not one where a prosecution is required in the public interest
Simple cautions become spent immediately.
Conditional Caution
Conditional cautions are issued when the interests of the victim, community or offender are deemed to be effectively served by the offender complying with suitable conditions aimed at reparation, rehabilitation, or punishment.
Once accepted, they become spent after 3 months.
Both types of caution appear on your criminal record, but spent cautions do not have to be declared to the Home Office. Only unspent cautions can be taken into account when assessing a person's criminal history.
Will the Home Office refuse my application?
Your criminal record will determine whether the Home Office will or could refuse your application.
Mandatory refusal
Paragraph 9.4.1. of the Immigration Rules states that any application for entry clearance or permission to enter or stay in the UK must be refused if the 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.
Discretionary refusal
Paragraph 9.4.3. of the Immigration Rules requires that any application for entry clearance, permission to enter or permission to stay may be refused if 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.
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.
Rules for visitors coming to the UK for less than 6 months
Those planning to come to the UK as visitors for up to 6 months are subject to slightly different rules. Paragraph 9.4.4. of the Immigration Rules states that any application for entry clearance or permission to enter under Appendix V: Visitor, or attempts to seek entry on arrival in the UK for a stay for less than 6 months, must be refused if 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.
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 end of the custodial sentence.
What is a custodial sentence?
A custodial sentence is a judicially imposed punishment usually reserved for more serious offences and involves a period of imprisonment. In the UK, there are generally four types of custodial sentence:
Suspended sentence
A suspended sentence is when a person receives a custodial sentence of up to 2 years (or six months in the magistrates' court) but a judge or magistrate decides that imprisonment can be avoided if the person does not re-offend and complies with certain conditions for the length of their sentence. If the person does not comply, they could serve the original custodial sentence in addition to the sentence for any new offence.
Determinate sentence
A determinate sentence is when a person receives an immediate fixed term of imprisonment.
Extended sentence
An extended sentence is a type of determinate sentence that includes an additional period of licence. It is normally imposed when a judge decides that the offender poses a significant risk of causing serious harm to the public
Life sentence
A life sentence will be imposed for the most serious offences, such as murder. It means the person will forever be subject to that sentence, regardless of how long they actually spend in prison. Some offences attract a mandatory life sentence, whereas others are left to a judge's discretion. A very small percentage of people receive 'whole-life' sentences, which means, as the name suggests, they will never be released.
What is a non-custodial sentence?
A non-custodial sentence is the most common form of sentence and normally involves a fine, discharge, or community service. It forms part of a person's criminal record and must be declared to the Home Office.
Fines
Fines are generally issued for low-level offences. The amount will be determined by the seriousness of the offence.
Discharges
Discharges are given for the least serious types of offence. They will be recorded on the person's criminal record, but there is no punishment beyond this.
Community Orders
Community orders are given for offences which are significant enough for sentencing but do not warrant a custodial sentence. They can involve a combination of requirements such as rehabilitation, substance treatment, unpaid work, reporting, and curfews.
What is a civil judgment?
A civil judgment or order is a decision made by a civil court about a dispute between two or more parties. They can include decisions made about financial matters (debt, breach of contract, compensation etc), personal matters (domestic abuse, divorce, adoptions etc), and property or land disputes (trespass, nuisance, ownership disputes etc). Civil judgments are legally binding decisions and typically result in the losing party having to pay money or being restricted/prevented from doing something.
If a civil judgment is made against a person, they must declare it to the Home Office. It will not usually result in a refusal unless that person has been convicted of breaching the order or the nature of their order suggests they are a persistent offender.
Frequently asked questions
I was disqualified from driving in the UK or overseas. Does this count as a criminal conviction?
Disqualification from driving in the UK generally counts as a non-custodial sentence (unless paired with other offences). It does not count as a criminal conviction, but it is a penalty and must be disclosed for immigration purposes.
I received a Fixed Penalty Notice. Do I need to declare it?
Fixed Penalty Notices (FPN) should be declared. They are excluded from a person's criminal record and should not result in a refusal unless the person has failed to pay and has subsequently received a conviction.
I was convicted of an offence overseas which is not considered criminal in the UK.
The Home Office considers offences committed overseas in broadly the same way as within the UK. This is true even where the overseas offence does not have a direct UK equivalent. Generally, a conviction for an overseas offence which is not recognised in the UK (for example, homosexuality or apostasy) cannot be the sole basis on which an application is refused.
I was convicted of an offence abroad but was later acquitted.
If you were found guilty of a criminal offence but later acquitted, the Home Office will not count this as a conviction. However, the circumstances which led to your charges being brought may be relied on to refuse your application on non-conducive grounds.
What if I am awaiting a trial or sentencing?
If you are awaiting a trial, your prosecution is pending, or you are yet to be sentenced for an offence you have been found guilty of, the Home Office may put your immigration application on hold until the outcome of your criminal matter is determined. Your application will only be put on hold if the outcome of your criminal matter would materially affect the outcome of your immigration application. For example, if you have previous criminal convictions which would by themselves result in a mandatory refusal, your application will be refused regardless. If, however, you do not have past criminal convictions, or your conviction history is on the lower end of the spectrum, the outcome of your current criminal matter would be highly relevant in the decision-making process of your immigration application.
I need to provide a criminal record certificate. What is it and how can I obtain one?
For certain immigration routes such as the Skilled Worker visa in the education, health or social sectors, you may be required to provide a criminal record certificate as part of your supporting documents. This certificate must be obtained before your application is made, and is usually issued by the police or law enforcement agency in the country where you have been resident for over 12 months in the 10 years prior to the date of your application. It will confirm your criminal record and may include arrests which are pending further investigation or prosecution. Your certificate must be dated within the last 6 months (if you are applying from your current country of residence) or within the last 6 months of you leaving the last country in which you were resident for over 12 months.
Will my criminal record impact my application for British citizenship?
Part 9 of the Immigration Rules does not apply to applications for registration or naturalisation as a British citizen. The British Nationality Act 1981 contains a good character requirement and the Home Office has its own guidance explaining what this includes.
As with general immigration applications, details of all criminal convictions, non-custodial sentences, fines, cautions, warnings, and civil judgments or civil penalties are expected. All fiscal fines, fixed penalty notices, and driving licence endorsements should also be provided. Past convictions will be considered regardless of when they took place, including if they are spent.
If there has been a charge by the police with a pending trial or sentencing, the Home Office advises against making any citizenship application until the outcome is known.
All citizenship applications will be subject to a criminal record check, and applicants are expected to reveal if they anticipate being formally charged for an offence, even if this belief arises after submission or while their application is being processed.
Applications must be refused if the person:
Has a custodial sentence of less than 12 months
Has a non-custodial sentence or out of court disposal recorded on their criminal record
Applications will normally be refused if the person:
Has received a custodial sentence of at least 12 months in the UK or overseas
Has consecutive sentences totalling at least 12 months in the UK or overseas
Is a persistent offender who shows a particular disregard for the law
Has committed an offence which has caused serious harm
Has committed a sexual offence or their details are recorded by the police on the register
The first category concerning circumstances where the application must be refused is also subject to the decision-maker being satisfied, on the balance of probabilities, that the applicant is not of good character.
Custodial sentences
The whole sentence imposed by the court is what will be considered, not the amount of time actually served by the person.
Suspended sentences
Suspended sentences will be treated as non-custodial sentences unless they become activated due to re-offending or failure to comply.
Overseas sentences
These will be treated in the same way as UK-based sentences, unless they relate to an offence for which there is no equivalent. In the above examples of homosexuality and apostasy offences, these would be disregarded by the Home Office.
Will my criminal record be checked for an Electronic Travel Authorisation (ETA) application?
Part 9 of the Immigration Rules does not apply to ETA applications, which instead relies on its own refusal grounds found in Appendix Electronic Travel Authorisation. Specifically:
Criminality grounds
ETA 2.2. An application for an ETA must be refused where the applicant:
(a) 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
(b) has been convicted of a criminal offence in the UK or overseas unless more than 12 months have passed since the date of conviction.
Non-conducive grounds
ETA 2.3. An application for an ETA must be refused where the applicant’s presence in the UK is not conducive to the public good because of their conduct, character, associations or other reasons (including convictions which do not fall within the criminality grounds).
As we have seen, the nature of your criminal record and the type of application you are making are the key factors to consider when assessing your prospects. If you have a criminal conviction, fine, or other penalty in your record and are unsure if you have to disclose it or how it may affect your immigration application, contact us for tailored advice about your circumstances.
