Let’s have an honest conversation. You’re here because you’re wondering whether a criminal record will stop you from getting a UK Spouse Visa. Maybe you’ve already applied and hit a roadblock, or maybe you’re preparing in advance. Either way, I’m here to clear up the confusion and give you expert insights into how the Home Office handles applications from people with past convictions.
Before we dive into the details, let me make one thing clear: having a criminal record does not automatically mean refusal. It depends on the details of your case, and the Home Office will assess everything based on Part 9 of the Immigration Rules: Grounds for Refusal (specifically, paragraphs 9.4.1 to 9.4.5). These paragraphs state you MUST be refused if you have been convicted worldwide of a criminal offence that received a custodial sentence of more than 12 months, or if you are a persistent offender, or have committed a criminal offence(s) that caused serious harm.
So, let’s break it down and explore what it means for three types of applicants: those applying for a UK Spouse Visa from overseas, those applying to extend their Spouse Visa while in the UK, and those seeking Indefinite Leave to Remain (ILR) after five years. Each situation is unique, and trust me, I’ve seen them all.
The Home Office doesn’t take a one-size-fits-all approach to applicants with a criminal history. They assess cases based on the severity of the conviction, the length of the sentence, how much time has passed since the incident, how many convictions (persistent offenders), and over what period of time.
If you’ve served a custodial sentence of 12 months or more, your application is going to be automatically refused. That’s a hard stop, no ifs or buts. If, however, your conviction resulted in a shorter custodial sentence or even a non-custodial sentence, things start getting a little more subjective. The Home Office/British Embassy has the discretion to either approve or refuse your application based on factors like repeat offences, the nature of your crime, and whether you’ve made efforts to turn things around.
For instance, let’s say you had a bit of a reckless youth and got caught up in some trouble—maybe a minor fraud charge when you were 19 or a driving offence that resulted in a fine. You’ve since cleaned up your act, settled down, and built a stable life with your partner. The Home Office will want to see evidence of that change. They will scrutinise your application to determine whether your past mistakes are just that—the past.
Now, if you have been a habitual offender or had multiple run-ins with the law, they’re going to view your application in a much dimmer light. A persistent pattern of offences makes the Home Office nervous, and they don’t take kindly to applicants they believe could pose a risk to public safety.
If you’re applying from outside the UK, the Home Office will dig into your record to see whether your conviction falls within the refusal criteria (12-month prison sentence, persistent offender, or caused serious harm). A 12-month prison sentence or more means a straight rejection, no questions asked. But if you served less than that, or your sentence was non-custodial, you’re in murky waters where your application may still be refused.
If you are in this situation, I would advise you to ensure you declare ALL convictions, cautions, warnings, fines, or reprimands. One of the biggest mistakes applicants make is hiding their criminal record. If you think the Home Office won’t find out, think again. They will. And when they do, they’ll refuse your application faster than you can say “bad decision.” Instead of trying to sweep it under the rug, own it. Be upfront, explain the circumstances, and show them why it shouldn’t define you.
Provide supporting evidence that paints the picture of who you are today. Maybe you’ve held a steady job for years, contributed to your community, or have glowing character references from reputable individuals. All these factors can help tip the balance in your favour.
As you can appreciate, we can only advise on the likelihood of your approval after assessing your specific case and using our discernment based on 20 years of securing Spouse Visa approvals. Get in touch if you would like us to assess your situation and recommend the best way to address the issues when applying.
If you’re already in the UK on a Spouse Visa and you’ve had a run-in with the law, renewing your visa isn’t as straightforward as before. A serious conviction, especially one involving a custodial sentence of 12 months or more, is likely to result in an automatic refusal. If your offence was less serious, however, your fate lies in the hands of the Home Office caseworker reviewing your application.
Here’s a scenario I’ve seen before: a client, let’s call him Tom, had a drink-driving conviction from two years ago. It was a non-custodial sentence, but it still sat on his record. When he came to us for help with his extension, we advised him to be completely transparent and prepare a personal statement to the Home Office caseworker explaining how he had changed since the incident. We submitted as many different supporting documents as Tom could provide — letters from his employer, evidence of community involvement, and a well-structured argument showing he had learnt from his mistake. His application was approved, but only because it was meticulously prepared, and the issue was addressed head-on.
If you find yourself in a similar boat, don’t assume the Home Office will overlook your past. Address it, provide the best supporting evidence possible, and show that your conviction was a lapse in judgment—not a reflection of who you are today.
Indefinite Leave to Remain (ILR) is the big one. By the time you get to this stage, the Home Office expects you to be a model resident. If you’ve kept a clean record, your application should be smooth sailing. But if you’ve had a criminal conviction, fines, cautions/warnings, or County Court Judgements, especially one that’s recent or involved a prison sentence, things can get tricky.
As you would guess by now, a 12-month custodial sentence is an instant refusal. If your sentence was shorter or non-custodial, there’s room for discretion. However, you’ll need to prove beyond doubt that you are rehabilitated and that your presence in the UK benefits society. If your offence happened years ago, and you’ve built a stable life, that’s a strong argument in your favour. But if your conviction is recent or you have multiple convictions over some time, consider waiting a bit longer before applying for ILR. Sometimes, time is the best evidence of rehabilitation.
In this case, you would apply for a Spouse Visa extension to secure another 2.5 years of visa validity (ensuring you declare any issues on the online application form and submit a supporting letter addressing the matter). In 2 years’ time, you could reassess the likelihood of ILR being approved before the visa expires and always apply for another Spouse Visa extension if you need more time.
Over the years, we have seen both situations. Some Spouse Visa clients have multiple issues of varying degrees of severity that would probably lead to their SET(M) ILR application being refused. We secured them Spouse Visa extensions and, a few years later, when enough time had passed, their ILR Visas. Other clients have had only one minor issue after 5 years that did not cause any harm, and we have been able to convince their Home Office caseworker to grant ILR with discretion given. As you can appreciate, the probability of ILR approval is best assessed on a case-by-case basis.
So, can you still apply for a UK Spouse Visa or SET(M) ILR with a criminal record? Absolutely. But will it be approved? That depends. The Home Office is in the business of assessing risk, and it’s your job to convince them that your past is just that—the past. Honesty, strong supporting evidence, and a well-prepared application can make all the difference.
If you’re unsure about your case, get in touch. At First Migration, we’ve helped thousands of applicants, including those with criminal records, successfully navigate the UK immigration system. Working together, we can ensure you submit the best application possible, and nothing pleases us more than maintaining our record of approval.
