Can I get a UK visa with a criminal record? What the 12-month rule really means

The 12-month threshold

Under the UK Immigration Rules, if you have been convicted of an offence for which you received a custodial or suspended sentence of 12 months or more, the Home Office must refuse your application. This is mandatory — there is no discretion.

If your sentence was under 12 months

Refusal is not automatic. The Home Office has discretion to refuse, but it must consider your individual circumstances. It will look at: whether the offence caused 'serious harm'; the nature and context of the offence; how much time has passed; your conduct since; and any other relevant factors.

What counts as 'serious harm'?

The term is not rigidly defined. Courts have held that the Home Office must evaluate the extent of harm based on available evidence and common sense. A conviction where the victim sustained only minor injuries — confirmed by medical evidence — is far less likely to be treated as 'serious harm' than one involving lasting physical or psychological damage.

What you should do

Do not assume a refusal is inevitable. The strength of your case depends on the nature of the conviction, the sentence length, the evidence surrounding the offence and its consequences, and how your application is prepared. A well-structured application with detailed representations addressing the criminality issue directly can make a significant difference.

Get in touch

We handle complex applications involving criminal records regularly. If you have a conviction and want to understand your options, contact us for an assessment.