What to do next when criminal conviction affect UK settlement application?

There are many different types of UK visas available, from short-term to long-term, and the best one will depend on why a person wants to come to the UK and how long they want to remain in the UK.

Apart from comprehending the temporary options of a student visa, visit visa, high-potential individual visa, or graduate visa, the UKVI authorities have offered an opportunity to non-UK nationals who decide to favour the alternative of ‘settlement’ in the UK. However, one has to keep up with the rules and regulations if one wishes to settle down in the UK.

We need to understand how a person’s criminal history is relevant to applications for entry clearance, permission to enter or permission to stay in the UK.

An applicant has to meet the requirements of the settlement application and understand the assessment process followed by Entry Clearance Officer while deciding the outcome of the application.

When an applicant applies for settlement visas such as Settled Status (Indefinite Leave to Remain – ILR) or permanent residence, it is imperative and advisable to disclose all of the personal information of the applicant. The personal circumstances of the applicant may include the domestic circumstances of the applicant, the where-about of the applicant, criminal record in the name of the applicant (convictions/crimes committed either in the UK or any other country), and a host of other things.

The Entry Clearance Officer takes into consideration the immigration requirements and assesses the application of the applicant. In addition to meeting the immigration requirement to qualify for the ‘settlement’ in the UK, the applicant also has to evince that they have met the ‘suitability requirement’.

In common parlance, suitability requirements mean that the applicant should not

• Fall under the grounds of refusal, or
• Have breached immigration laws, or
• Have a criminal record/conviction which is not settled or served by the applicant

An applicant while making an application for a visa in the UK, unsurprisingly, criminal convictions and other indicators of poor character can hamper the chances for a positive outcome.

An applicant must disclose all of their previous convictions. That includes convictions either in the UK or in any other country. Additionally, it is really important for the applicant to be honest and disclose all the criminal records in their name.

The rules around criminal convictions pertaining to settlement visas are set out clearly in paragraph 320 (2) of the UK Immigration Rules. In these rules, it says that if an applicant falls under any of the following categories then your entry will be automatically refused/mandatory refusal:

• The applicant is subject to a deportation order
• The applicant has been convicted of an offence for which they’ve been imprisoned for more than 12 months, but less than four years – unless a period of 10 years has passed since your sentence was completed
• The applicant has been convicted of a crime for which they’ve spent less than 12 months in prison – unless at least five years have passed since the completion of the sentence
• The applicant has been imprisoned for more than four years – this will mean you’re permanently excluded from the country
• The applicant has been restricted from travel to any other country due to bad conduct

1. From 1st December 2020, the Immigration Rules were amended to introduce a consistent framework against which immigration applications were assessed or permissions were cancelled on suitability grounds
2. Immigration applicants are required to disclose all offences and consequent penalties both served in the UK and overseas, in addition to other relevant information about their conduct, character and associations
3. Application forms make clear to applicants where they must disclose this information and that failure to declare it may lead to refusal of that application

• Keeping up with the idiom, it is advisable for an applicant to disclose the criminal record/conviction in their name and let the Home Office decide on the decision
• One needs to know that the suitability requirements apply to all routes and must be met in addition to validity and eligibility requirements
• Every case is subjective to variety of elements, such as, there could be an applicant who was convicted for a crime committed, however, the penalty/sentence has been served which proves the applicant to be of a good conduct
• In this circumstance, the applicant would still stand a chance to get through with the settlement in the UK corroborating the evidences in the application that the penalty/sentence has been served
• For e.g. – a fixed penalty notice will not normally result in refusal unless the person has failed to pay or has unsuccessfully challenged the notice and there were subsequent criminal proceedings resulting in a conviction
• Therefore, a criminal conviction can hamper the settlement application if the applicant has been convicted multiple times and the records demonstrate the applicant being a person of malafide intentions
• Nevertheless, if the sentence/penalty is served by the applicant, the Home Office might consider the evidences and grant a positive outcome to the applicant
• However, Part 9 of the Immigration rules lay down the probability of the application to be refused or cancelled on the grounds of offence and sentence served by the applicant