When Applying for British citizenship, what is an unspent conviction?
It is hardly surprising that we get asked this question time and time again. People applying for British nationality need to be particularly wary of answering this question correctly because any mistake and your application will not only be refused, but very likely you will be prohibited from making another application for 10 years!
The following is a simplified guide – for specific advice regarding your personal circumstances you should book an appointment to see one of our specialist immigration solicitors:
Do I need to declare my caution(s) when making an application for British citizenship?
Yes. Applications for British citizenship from those living in England, Wales and Scotland are outside the Rehabilitation of Offenders Act 1974 (ROA). This means that you must declare all police cautions on your application, even if they are spent.
However; If you are applying for British citizenship from Northern Ireland, you will not need to declare any convictions which are spent under the Rehabilitation of Offenders (Northern Ireland) Order 1978. For more information on this, please see pages 29-31 of this AN guide.
Do I need to declare my conviction(s) when making an application for British citizenship?
Yes. Applications for British citizenship that are made from England, Wales and Scotland are outside the ROA. This means that you must declare all convictions on your application, even if they are spent.
Again; if you are applying for British citizenship from Northern Ireland, you will not need to declare any convictions which are spent under the Rehabilitation of Offenders (Northern Ireland) Order 1978. For more information on this, please see pages 29-31 of the AN guide.
Do I need to declare military convictions when making an application for British citizenship?
Yes. If you have been convicted under court martial or during other military proceedings, you will need to declare this on your application. For further guidance on how such matters are considered by UKVI, please see here.
Do I need to declare pending prosecutions when making an application for British citizenship?
Yes. The nationality application makes it clear that you must disclose all pending matters. Failure to do so may be seen as an attempt to deceive UKVI. Please also bear in mind that the Home Office has access to police records, so if you are under investigation for something or awaiting trial, they will know!
I have an overseas conviction. Do I need to declare this when making an application for British citizenship?
Yes. Overseas convictions will usually be treated as if they happened in the UK. UKVI will use the sentence that you received as a starting point when deciding whether the conviction will impact on their decision to grant you citizenship. Again many countries automatically share this type of information so the Home Office will usually find out if you try to conceal this from them.
If you do conceal it and they do find out, they will refuse your application and ban you from making another application for 10 years for deception!
I have a criminal record. Does this mean I will not be granted British citizenship?
Not necessarily. You must be considered to be of good character to be granted British citizenship and, as part of this assessment, UKVI will consider your criminal record and whether you abide by the laws of the UK.
You must disclose your full criminal record when applying for British citizenship if you are applying from England, Wales or Scotland. If you have been convicted of an offence and were sentenced to exactly four years’ imprisonment or longer, your application is likely to be refused.
If you were sentenced to anything less than four years, or given a non-custodial sentence, your application is likely to be refused until a certain period has elapsed:
| Sentence/disposal | Application will be refused until: |
|---|---|
| Prison sentence between 12 months and 4 years | 15 years from the end of your full sentence (including time on licence) |
| Prison sentence up to 12 months | 10 years from the end of your full sentence (including time on licence) |
| Non-custodial sentence+ | 3 years from the date of conviction |
| Caution | 3 years from the date of caution |
A suspended prison sentence is treated as a non-custodial sentence, unless the prison sentence has been ‘activated’ during the period of suspension.
If you have been convicted and the specified time has elapsed as per the table above, your application may still be refused if:
- You have a pattern of offending
- You have been convicted of an offence where serious harm was caused to the victim(s)
- You have been convicted of a sexual offence and are currently under notification requirements and/or subject to a sexual offences prevention order (SOPO) and/or a foreign travel order and/or a risk of sexual harm order (RSHO).
Driving Offences
Many applicants will have relatively ‘minor’ convictions for driving offences. These can include things like speeding, driving without insurance or more seriously drink driving bans. As far as the Home Office are concerned these are all disclosable offences. This means that they must be disclosed by the applicant and failure to do so will result in your application being refused and losing your application fee.
Due to the huge array of possible offences relating to Road Traffic laws, prospective applicants with previous convictions for driving offences are strongly advised to contact us for specific advice relevant to their circumstances.
Where can I get further advice on applying for British citizenship?
If you are not sure what you need to disclose when applying for British citizenship, you can contact us to book an appointment to see one of our specialist immigration solicitors on 020 8401 7352.
For general advice about your application, you can try to contact the UKVI contact centre on 0300 123 2241
