Uk Visa Applicants With Criminal Offences

By Author: The SmartMove2UK
Total Articles: 5
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It can be quite challenging to apply for a British Citizenship with a criminal record. In fact, often we give up before we even try because we have a conviction on our record; but a record is not the end of your journey. When it comes to conviction on the records and its effects on immigration – the UK Home Office is required to follow a set of guidelines. The guidelines have thresholds which are followed by the UK Immigration laws. The Home Office looks at aspects like the length of the criminal sentence, but not the time spent in prison. Some guidelines, allow you to enter the UK after a given timeframe. 
Since immigration laws and some sub-sections keep changing making it challenging to keep track of current norms. Similarly, in the UK as well, there have been changes in the provisions recently, affecting most immigration applications under the immigration rules. If you are looking to formalise your immigration status by applying for ILR or to naturalise as British citizen; you will need to look back at your personal history and assess whether there are any past criminal convictions on your record, and if ...
... so, will they affect the success of your applications. 
To successfully apply for a British citizenship, you must be proven of ‘good character’ to the UK Home Office under the British Nationality Act 1981. The perfect definition of ‘good character’ isn’t stated in the act, although the UK Home Office has issued guidance on the same, over the years and how your past criminal convictions affect it. 
It is mandatory to disclose your prior or current convictions with your application, even though it increases the chances of refusal. 
The reason being – the UK Home Office has issued a clear guidance on whether you need to mention your previous convictions and offences, regardless of when it happened. 
The guidance of the UK Home Office states that:
“Immigration applicants are required to disclose all offences and consequent penalties both in the UK and overseas, in addition to other relevant information about their conduct, character and associates. Application forms make clear to applicants where they must disclose this information and that failure to declare it may lead to refusal of the application.”
Criminal records and certificates 
You will require an overseas criminal record certificate where you have lived for 12 years or more under any of the following visa routes

Tier 1 (Entrepreneur)


Tier 1 (Investor)


Skilled worked in education, health or social care sectors 


Dependent partner (over 18 years old) of the main applicant in an of the above routes, either together with the main applicant or separately.  

Not all countries have functioning criminal record regimes or refuse to provide them to anyone other than their citizens.
Conclusion 
Applying for a British citizenship with a criminal record can be tricky, but not impossible to tackle! The UK Home Office appreciates transparency, and prefers to access all your records submitted by you. Of course, they can do their own background check and they do; but if they find something on record which you intentionally or unintentionally left out of your application; will be considered as false representation. It makes a big difference to hire an immigration expert to do ensure a secure and smooth immigration experience! 
The UK government follows certain rules in deciding a visa application’s fate. The process of decision-making follows protocols and guidelines. The SmartMove2UK has helped many, with minor or complicated convictions on their record, to move to the UK. Our UK immigration lawyers based in India – Mumbai, Delhi, Bengaluru & Chandigarh and UK – London, consult clients thoroughly and are here to resolve all your queries related to conviction and its effects on your immigration process. You can reach out to our UK Visa lawyer or UK Immigration expert on +91 98191 27002 or email us at info@smi.legal to book an initial consultation with our UK Visa lawyer.
Criminal convictions affect UK visa? Explained by The SmartMove2UK

The SmartMove2UK (a unit of SmartMove Immigration) is a specialist immigration law firm in India with branches in India (Mumbai | Delhi | Gurgaon | Chandigarh | Vadodara | Bangalore) & UK (London) led by a specialist Solicitor. Evolving from practicing exclusively in the areas of UK nationality and immigration law.