UK Spouse Visas and Criminal Records
For many families hoping to reunite in the UK, a past criminal conviction can cause significant anxiety during the visa application process.
Preparing a UK spouse visa application with a criminal record can feel overwhelming for many applicants. While the Home Office takes criminal convictions seriously when assessing family visa applications, having a past conviction does not automatically mean an application will be refused.
The key is understanding how the Home Office assesses criminal records under Appendix FM (the family visa rules). These rules are in several ways more flexible than those for work or student visas, in recognising the fundamental right to family life for applicants.
Different convictions carry different implications:
- Minor offences from many years ago may have limited impact
- Recent or serious convictions require careful handling
- Some convictions have mandatory refusal periods
- Others allow for discretionary consideration of your circumstances
This guide explains your options clearly, helping you understand whether your specific situation might affect your family’s future in the UK.
How Do Criminal Convictions Affect UK Family Visa Applications?
The Home Office applies different standards to family visa applications compared to other immigration routes. Whilst any criminal history requires careful consideration, the rules under Appendix FM (which governs family visas) are generally more understanding than those applying to work or visitor visas.
Mandatory Refusal Periods for Criminal Convictions
Your family visa application will face mandatory refusal if you have:
- A sentence of 4+ years imprisonment (at any time in the past)
- A sentence of 1-4 years imprisonment, unless 10 years have passed since completing the sentence
- A sentence under 12 months, unless 5 years have passed since completing the sentence
Understanding Home Office Discretion in Family Visa Cases
Despite these seemingly rigid rules, the Home Office retains discretion in family visa cases. This is particularly relevant where refusing entry clearance would separate families and potentially breach Article 8 of the European Convention on Human Rights (right to family life).
What Factors Does the Home Office Consider?
When exercising discretion, caseworkers evaluate:
- The nature and severity of the offence
- Time passed since the conviction
- Evidence of rehabilitation
- Strength of family ties to the UK
- Impact of refusal on British family members
- Best interests of any children involved
Must I Declare All Criminal Convictions?
Yes. You must declare all criminal convictions, regardless of:
- When they occurred
- Your age at the time
- Whether they were ‘spent’ under the Rehabilitation of Offenders Act
- If they have been expunged in your home country
Important: Failure to disclose convictions is serious
The Home Office views non-disclosure of criminal history as deception, which typically leads to automatic refusal and can affect future applications.
Practical Tips for Family Visa Applications with Criminal Records
- Gather Comprehensive Evidence
- Full criminal record documentation
- Character references
- Evidence of rehabilitation
- Proof of family circumstances
- Prepare a Detailed Personal Statement
- Explain the context of past offences
- Detail your rehabilitation journey
- Describe your family relationships
- Outline your current circumstances
- Consider Legal Representation
- Complex cases benefit from expert guidance
- Professional representation can help present your case effectively
- Legal expertise ensures all relevant factors are considered
How We Can Help
At Axis Solicitors, our immigration solicitors are experts at complicated family visa cases.
We offer:
- Free initial assessment for new clients
- Strategic advice on evidence gathering
- Full application preparation and submission
- Representation in appeals if needed
- Convinient remote services or in-person office visits
- Both fixed fee packages & hourly rates
Get a Free Initial Assessment
Do not let uncertainty about your past affect your family’s future. Contact our specialist immigration team for a confidential discussion about your circumstances.
Our Immigration Solicitors successfully manages several cases on a daily basis and can give you realistic immigration advice.
