Applying for British Citizenship With a Criminal Record
Criminality and British Naturalisation is a contentious topic, as some argue that criminality should be a bar to citizenship. However, UK citizenship law does not prevent someone with a criminal record from applying for British citizenship. Whether the naturalisation application will be successful depends, in part, on the nature of the conviction and sentence.
Our UK Immigration Lawyers are highly experienced in advising on British citizenship applications and in guiding those whose past makes them fear that they will not qualify for citizenship.
Get in touch with our British Citizenship Solicitors to arrange an appointment.
Disclosure of prosecutions, cautions and convictions
If an application for British citizenship is made from England, Wales or Scotland, an applicant must disclose:
- Pending prosecutions.
- Police cautions.
- Convictions
These rules apply even if the caution or conviction is spent under the Rehabilitation of Offenders Act 1974, and a person would not be obliged to disclose the information when seeking employment in the UK. The law on disclosure in British nationality applications is contained in the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
For the purposes of disclosure, convictions include:
- All offences, including road traffic offences.
- Military convictions.
- Convictions in overseas criminal courts.
- Convictions when a minor.
If an applicant is uncertain whether they should disclose a conviction or other matter, they should speak to an Immigration Solicitor.
A Home Office official may grant a British citizenship application despite a conviction, but may refuse an application on the grounds of deception if the Home Office caseworker believes the applicant deliberately omitted convictions and sentencing information from the application form.
Overseas convictions
Some applicants may think that they do not need to disclose a conviction from an overseas court if the offence is not against the law in the UK, for example, engaging in politics, participating in demonstrations, or engaging in same-sex relationships. The convictions should be disclosed, but Home Office officials should ignore any overseas conviction for a matter that is not a criminal offence under UK law.
Take immigration legal advice on a British citizenship application
Home Office Guidance outlines the circumstances in which a British nationality application may be approved, notwithstanding a conviction. However, a conviction means it will undoubtedly be harder to secure citizenship.
The Guidance says ‘’A person who has not shown respect for, or is not prepared to abide by, the law is unlikely to be considered of good character.’’
It is always best to consult a specialist British Citizenship Lawyer about a planned naturalisation application, but this is particularly important when an applicant has a prior caution or conviction or is the subject of a pending prosecution. A British Citizenship Application Lawyer may advise the applicant to defer their application or to proceed if the applicant has a strong case to argue that Home Office officials should exercise discretion and grant citizenship.
In some situations, it may not be advisable to defer an application. In other circumstances, the applicant may have had an earlier British citizenship application refused and may require legal advice on the timing of a further application for naturalisation.
The relevance of past behaviour on an application for British citizenship
An applicant for British citizenship must meet several eligibility criteria, including a good character test.
Good character is not limited to whether an applicant has a prior conviction or is the subject of a pending prosecution; however, these are important considerations.
The Home Office is likely to deem an applicant not of good character if they fail to disclose a caution, prosecution, or conviction on their application. The Home Office could also argue that failure to disclose amounts to a breach of the immigration rules and is deception.
Applicants should also be aware that if convictions are discovered after citizenship has been granted, the Home Office could apply to revoke the citizenship. An applicant may struggle to remain in the UK if they are found to have not been honest in their citizenship application, as this will result in an adverse immigration record and a finding of deception.
Custodial sentences and their impact on citizenship applications
A naturalisation application will usually be refused if the applicant:
- Has received a custodial sentence of at least 12 months in the UK or overseas, or
- Has received consecutive sentences totalling at least 12 months in the UK or overseas, or
- Is a persistent offender who has shown a particular disregard for the law, or
- Has committed an offence which has caused serious harm, or
- Has committed a sexual offence or their details are recorded by the police on a register.
When considering the length of the sentence, the Home Office caseworker looks at the length of the sentence and not the amount of time served in custody.
The Guidance says an application must be refused if the applicant has either a custodial sentence of less than 12 months or a non-custodial sentence or out-of-court disposal recorded against them, and the Home Office official is not satisfied, on the balance of probabilities, that the applicant is of good character.
Persistent offending and British citizenship applications
Although persistent offending may not have attracted a custodial sentence, it may result in the refusal of a citizenship application if a Home Office official is of the view that the applicant has shown a persistent disregard for the law and therefore is not of good character.
Assessing good character when a British citizenship applicant has criminal convictions
Depending on the nature of the offences and sentence, a Home Office official may, on the balance of probability, assess the applicant as being of good character.
The caseworker will review the contents of the British nationality application to determine if mitigating circumstances apply. A Naturalisation Lawyer UK will focus on any special factors when preparing the application.
How OTS Solicitors can help you
Our Immigration Solicitors pride themselves on being the best Immigration Lawyers for British citizenship. This is evidenced by their excellent client reviews and the firm's inclusion in two leading law directories, the Legal 500 and the Chambers Guide to the Legal Profession.
We take the time to understand the background of an applicant for British nationality, identify any potential problem areas, and the extenuating circumstances so that we can prepare the best naturalisation application in the circumstances.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, and Urdu/Punjabi.
Appointments are available for phone, online, and in-person consultations at our London offices.
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