Do I need to declare my caution(s) when making an application for leave to remain in the UK?

Do I need to declare my conviction(s) when making an application for leave to remain in the UK?

Do I need to declare military convictions when making an application for leave to remain in the UK?

I have an overseas conviction. Do I need to declare this when making an application for leave to remain in the UK?

I have a criminal record. Does this mean I will not be granted leave to remain in the UK?

Where can I get further advice on applying for leave to remain in the UK?

Do I need to declare my caution(s) when making an application for leave to remain in the UK?

Yes. Applications for leave to remain are exempt from the Rehabilitation of Offenders Act 1974 (ROA). This means that you must declare all police cautions on your application, even if they are spent. Declaring a police caution will not necessarily bar you from being granted leave to remain (see here for more details), but failure to disclose may be seen as an attempt to deceive UK Visas and Immigration (UKVI).

Do I need to declare my conviction(s) when making an application for leave to remain in the UK?

Yes. Applications for leave to remain are exempt from the Rehabilitation of Offenders Act 1974 (ROA). This means that you must declare all convictions on your application, even if they are spent. Declaring a conviction will not necessarily bar you from being granted leave to remain (see here for more details), but failure to disclose may be seen as an attempt to deceive UKVI.

Do I need to declare military convictions when making an application for leave to remain in the UK?

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.

I have an overseas conviction. Do I need to declare this when making an application for leave to remain in the UK?

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 leave to remain in the UK.

I have a criminal record. Does this mean I will not be granted leave to remain in the UK?

Not necessarily. You must disclose your full criminal record when applying for leave to remain. If you have been convicted of an offence and were sentence to 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 will be refused until a certain period has elapsed:

Sentence/disposalApplication will be refused until:
Sentence/disposalApplication will be refused until:
Prison sentence longer than 12 months but less than 4 years15 years from the end of your full sentence (including time on licence)
Prison sentence up to 12 months7 years from the end of your full sentence (including time on licence)
Non-custodial sentence+2 years from the date of conviction
Caution2 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. You can find this information in the Home Office document General grounds for refusal: considering leave to remain.

Where can I get further advice on applying for leave to remain in the UK?

If you are not sure what you need to disclose when applying for leave to remain, you can contact Nacro’s Resettlement Advice Service on 0300 123 1999. For general advice about your application, you can contact the UKVI contact centre on 0300 123 2241.