Can I Apply for a UK Spouse Visa if I Have a Criminal Record?

If you are considering applying for a UK spouse visa and you have a criminal record, you may be concerned about how your past might affect your application. Having a criminal conviction does not always mean your visa will be refused, but it can make the process more complex. The Home Office will review the nature of the offence, the sentence, and how much time has passed since you completed your sentence.

UK immigration law, specifically Appendix FM, provides clear rules relating to criminal records when applying for a family visa. In this article, we explain how these rules work in real situations and what impact a past conviction might have on your UK spouse visa application.

Key Points to Remember

• Having a criminal record does not always result in refusal.
• The Home Office considers the type of offence, the sentence, and when it occurred.
• Appendix FM contains strict rules around convictions for family visas.
• Some sentences lead to automatic refusal, depending on length and timing.
• You may need to provide an overseas criminal record certificate when applying from abroad
• The Home Office can refuse on the basis of your behaviour or character.
• Not declaring convictions can lead to refusal for deception.
• Legal advice is highly recommended in cases involving criminal records.

Does a Criminal Record Affect Your UK Spouse Visa Application?

Yes, a criminal record can affect your UK spouse visa application, but the outcome depends on the details. Each case is assessed individually against suitability requirements set out in Appendix FM of the Immigration Rules.

When reviewing your application, the Home Office will consider:

• The seriousness and nature of the offence
• If your sentence was custodial or non-custodial
• How long ago the sentence finished
• Whether you have a record of repeated offences (persistent offending)
• If your overall behaviour makes approval inappropriate

If the offence was serious or recent, refusal is more likely. For older or minor convictions, you may still succeed in your application, especially if you can show strong ties to the UK and clear evidence of rehabilitation.

UK Immigration Rules for Criminal Convictions

Different UK visas use slightly different rules for criminal records. Visas such as Skilled Worker, Student or Visitor visas are considered under Part 9: Grounds for Refusal. Spouse visas and other family applications are instead examined using Appendix FM.

According to Part 9, a UK visa application must be refused if:

• You have been convicted in the UK or overseas and received a prison sentence of 12 months or more.
• You are considered a persistent offender.
• You have committed an offence causing serious harm.

The Home Office also has discretion for:

• Sentences of under 12 months
• Non-custodial sentences such as a fine or community order
• Formally recorded out-of-court disposals

For some visa categories, such as visitor visas, there are waiting times after a conviction before you can reapply.

Appendix FM Criminality Rules for Spouse Visas

When applying for a UK spouse visa, your criminal record is checked using Appendix FM. Your application will be refused if:

• You received a custodial sentence of less than 12 months, and less than five years have passed since it ended.
• You received a sentence between 12 months and four years, and less than ten years have passed since it ended.
• You received a prison sentence of four years or more, regardless of how long ago.

These rules apply to both UK and overseas convictions. The Home Office may also refuse your application even if the offence does not meet automatic refusal rules, if your behaviour or background means granting you a visa would not be appropriate. This is called discretionary refusal.

Applicants must declare all convictions, whether or not they believe the information is relevant. Failing to do so is considered deception, which can itself lead to refusal.

What if My Offence Was Minor or a Long Time Ago?

Even older or less serious offences, and those committed when you were under 18, must be disclosed. The Home Office requires the full declaration of all convictions. Some convictions may be considered spent under the Rehabilitation of Offenders Act 1974, but this does not apply to UK immigration decisions. All criminal history must be included in your visa application, even if the conviction is spent in your home country or elsewhere.

If you do not fully declare convictions (no matter when or where they occurred), your application may be refused on the grounds of deception, even if the offence alone would not have led to refusal.

How Does the Home Office Use Discretion for Spouse Visas?

Not all convictions result in automatic refusal. Sometimes the Home Office uses its discretion and considers your application under Article 8 of the European Convention on Human Rights (right to family life).

Caseworkers will consider:

• The seriousness and nature of the offence
• Whether you are a persistent offender or it was a single incident
• The time that has passed since your sentence ended
• The strength of your family ties in the UK
• Signs of rehabilitation, such as staying out of trouble, holding a job, or contributing to your community

The Home Office uses a balance sheet approach to decide whether your personal circumstances outweigh public concerns. Even if your offence does not lead to an automatic refusal, your application can still be refused if the Home Office decides that allowing you entry is not in the public interest. This is why legal advice and preparation are so important.

Will I Need to Provide a Criminal Record Certificate?

Some visa applicants must provide an overseas criminal record certificate. This is most common for:

• Skilled Worker visa applicants in education, health, or social care
• Their dependants or partners joining them
• Any applicant who has lived abroad for twelve months or more in the last ten years while over 18

If you are applying for a spouse visa from outside the UK, you may need to provide a certificate if you have lived in another country for at least 12 months in the past 10 years and were 18 or older during that time.

The certificate must be officially issued by the relevant authority, dated within the last 6 months, and include an official English translation if it is not in English.

If you cannot get the certificate due to problems or restrictions in your country, you must submit a written explanation. This should clearly state why you cannot provide the certificate, include any supporting documents such as letters from your embassy, and a signed statement confirming your explanation is true.

Supplying incomplete or misleading information can result in visa refusal and may affect any future applications.

How We Can Help

If you or your partner has a criminal conviction and you are concerned about your UK spouse visa application, it is important to seek professional advice. At Family Visa UK, our team has decades of experience helping families with complex visa cases, including those involving criminal records.

We will review your case, advise you on the latest immigration rules, and support you in preparing your application. We ensure that your form is complete, supported by evidence, and legally robust. Our solicitors can also help with appeal cases and human rights-based applications where necessary.

With decades of experience, we are well placed to support you from start to finish. Contact us today to arrange a confidential discussion with a specialist immigration lawyer.

Frequently Asked Questions: UK Spouse Visas and Criminal Records

If you have any further questions or require tailored advice about your situation, our team is here to help.