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Aim of this information
Why is this important?
How criminal records are assessed
Applications for leave to remain are exempt from (i.e. not covered by) the Rehabilitation of Offenders Act 1974.
This means that you need to declare all convictions and police cautions on your application to UK Visas and Immigration (UKVI), even if they are spent.
You will need to disclose your criminal record as part of your application, even if it is spent. The Home Office will then make their decision based on the length of sentence you were given, and when it was given. The table below sets these out:
How UKVI make their decisions
Declaring a caution or conviction will not necessary mean that your application will be rejected.
The Home Office has guidance on their ‘General grounds for refusal’ when considering applications for leave to remain
It’s important to recognise that failing to fully disclose your criminal record might lead to you being considered as attempting to deceive the system.
For more information
- Practical self-help information – More information coming to the UK can be found here.
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