We regularly receive queries concerning applications for naturalisation which have either been refused because of a person’s failure to disclose a criminal conviction, or where the applicant is unsure as to what to declare on their British citizenship application.
The guidance issued by the Home Office on criminality is far from straight forward for applicants concerned about the impact of criminal convictions on their citizenship application.
What is clear is that the “good character” requirement is mandatory on all UK naturalisation applicants over the age of ten, as set out in the British Nationality Act 1981. Failure to meet the good character test will see the naturalisation application refused.
What is the good character requirement for naturalisation?
The Home Office’s Good Character nationality policy guidance document provides an extensive and non-exhaustive list of circumstances which would be considered grounds to fail the good character test.
Criminal convictions & naturalisation applications
When evaluating naturalisation applications, the UK Home Office requires applicants to demonstrate ‘good character’. This assessment encompasses various factors, notably any criminal convictions. The current guidelines, effective from 31 July 2023, stipulate that individuals who have received a custodial sentence of at least 12 months, irrespective of when or where the crime occurred, will typically be refused British citizenship.
It’s important to note that the assessment is based on the total length of the sentence imposed, not the time actually served. Additionally, these rules apply equally to convictions from both within the UK and abroad, unless the behaviour in question would not be considered an offence under UK law.
Applicants are advised to provide full disclosure of all criminal convictions, including those that occurred overseas, as part of their naturalisation application. Failure to do so may result in refusal on the grounds of deception.
Minor offences
While serious criminal convictions often lead to refusal, the treatment of minor offences is more nuanced.
According to the Home Office guidance, a minor offence typically includes infractions such as minor speeding violations or other regulatory offences. These are considered less severe in nature.
Although Fixed Penalty Notices (FPNs) are not classified as criminal convictions, it is generally advisable to disclose them in your application. Full transparency allows the Home Office to have a comprehensive understanding of your background, facilitating a fair assessment of your character.
Offences involving dishonesty (e.g., theft), violence, sexual misconduct, or drug-related crimes are not regarded as minor. Additionally, serious driving offences—such as drink-driving, driving while uninsured or disqualified, or using a mobile phone while driving—are also excluded from the minor category.
If an applicant has multiple minor offences, caseworkers will evaluate whether there is a pattern of behaviour that contradicts the good character requirement. Each case is assessed individually, considering the specific facts and circumstances.
It is imperative to disclose all offences, regardless of their perceived severity. While a single minor conviction may be considered a lapse, intentional omission or deception is viewed seriously and can result in refusal of the application on the grounds of poor character.
Arrests and cautions
Arrests and cautions can also affect a naturalisation application for British citizenship. While an arrest alone does not necessarily result in automatic refusal, the Home Office may consider the circumstances surrounding the arrest as part of the good character assessment. If the arrest leads to a conviction, this will be taken into account when determining eligibility for citizenship.
A caution is not a conviction, but it is considered an admission of guilt for an offence and must be disclosed in the application. Although a caution is less serious than a conviction, it can still impact the outcome of a naturalisation application, particularly if it is related to offences involving dishonesty, violence, or other serious matters.
The Home Office will assess the specific facts of each case, considering whether the applicant’s actions indicate a pattern of behaviour inconsistent with the good character requirement. Full disclosure of any arrests or cautions is essential, as failure to disclose may lead to refusal of the application on the grounds of deception or poor character.
Spent convictions
Under the Legal Aid, Sentencing and Punishment of Offenders Act 2012, specifically Section 140, all convictions—whether spent or unspent—must be declared in immigration and nationality applications. This requirement has been in effect since 1 October 2012.
While the Rehabilitation of Offenders Act 1974 allows certain convictions to become spent after a specified period, meaning they no longer need to be disclosed in various contexts such as employment, this provision does not apply to immigration or nationality matters. Therefore, even if a conviction is considered spent under the 1974 Act, it must still be disclosed when applying for naturalisation.
Failure to declare any conviction, regardless of its status, can lead to a refusal of your application on the grounds of deception.
Failure to disclose criminal convictions in a naturalisation application
If in doubt about a criminal conviction and your naturalisation application, the general position is to make a full disclosure. This includes pending convictions.
Failure to disclose can cause multiple issues. It can give rise to grounds to refuse the application. The application fee will be lost. It may also cause issues for future immigration applications if there is an allegation of deception. This could relate to the current naturalisation application, or any past immigration or UK government application, such as for housing support.
Any deception relating to a previous immigration application will mean an application for British citizenship will be refused for ten years starting with the date on which that deception was discovered or admitted.
Applicants should also note that the Home Office has powers to deprive an individual of British citizenship if deception is later discovered after the naturalisation process has concluded.
Need assistance?
Caseworkers are generally expected to consider applicants in the whole, looking at patterns in behaviour to make an overall determination of whether they meet the good character requirement.
The good character requirement is a complex and evolving area. Our UK immigration specialists are on hand to advise on your circumstances. If you are concerned about the impact of a criminal conviction on your naturalisation application, contact us for advice.
FAQs
What crimes affect a UK citizenship application?
Crimes such as dishonesty offences (e.g., theft, fraud), violence, drug-related offences, and sexual crimes can negatively impact a UK citizenship application. Serious driving offences like drink-driving are also considered.
Can minor offences impact my application for citizenship?
While minor offences like minor speeding violations may not automatically lead to refusal, they must be disclosed. A pattern of repeated minor offences can raise concerns about good character.
Do I need to disclose spent convictions?
Yes, all convictions, including spent convictions, must be disclosed in a UK citizenship application. Failure to disclose can result in refusal on the grounds of deception.
Will a single conviction automatically lead to refusal?
A single minor conviction may not lead to automatic refusal if it is considered a one-off incident and the applicant meets all other good character requirements. However, serious convictions can lead to automatic refusal.
Do Fixed Penalty Notices (FPNs) need to be disclosed?
Although FPNs are not classified as criminal convictions, it is generally advisable to disclose them to ensure full transparency in your application.
How long do I need to wait after a conviction to apply for citizenship?
For custodial sentences, applicants usually need to wait a set period before applying. A custodial sentence of over 12 months generally leads to automatic refusal.
What is considered a dishonesty offence?
Dishonesty offences include crimes such as theft, fraud, or deception. These are taken very seriously in the assessment of the good character requirement for citizenship.
What happens if I fail to disclose a conviction?
Failure to disclose any conviction, spent or unspent, may result in a refusal of your application on the grounds of deception or poor character.
Can I appeal a refusal based on my criminal record?
You may request an administrative review if you believe an error was made in the refusal decision, but there is no formal right of appeal for naturalisation applications.
How does the good character requirement apply?
The good character requirement is an assessment of whether the applicant has abided by the law, shown respect for the UK’s rights and freedoms, and met their financial obligations.
Glossary
| Term | Definition |
|---|---|
| Naturalisation | The process by which a foreign national becomes a British citizen, subject to meeting eligibility requirements such as residency and good character. |
| Good Character Requirement | A mandatory criterion for naturalisation applicants to demonstrate they have abided by UK laws and have a positive character history. |
| Spent Conviction | A conviction that, after a set period of time under the Rehabilitation of Offenders Act 1974, is considered rehabilitated and typically does not need to be disclosed in most contexts, but must be disclosed for naturalisation. |
| Unspent Conviction | A conviction that has not yet reached the point where it can be considered spent under the Rehabilitation of Offenders Act 1974 and must be declared in all circumstances. |
| Legal Aid, Sentencing and Punishment of Offenders Act 2012 | A law that requires applicants for immigration and nationality purposes to declare all convictions, both spent and unspent. |
| Rehabilitation of Offenders Act 1974 | A law that allows certain convictions to become spent after a set period of time, meaning they no longer need to be declared in most contexts except for immigration and nationality applications. |
| Fixed Penalty Notice (FPN) | A notice issued for minor offences, such as traffic violations, which are not classified as criminal convictions but should be disclosed in naturalisation applications. |
| Dishonesty Offence | Crimes involving acts of dishonesty, such as theft or fraud, which are considered serious offences for the purpose of the good character requirement. |
| Deception | Providing false or misleading information on an application, which can lead to a refusal on the grounds of poor character. |
| Administrative Review | A process by which an applicant can challenge a refusal decision if they believe an error was made by the Home Office. |
| Pattern of Behaviour | Repeated offences or actions that indicate a consistent disregard for the law, which can negatively impact a good character assessment. |
| Custodial Sentence | A prison sentence imposed by a court, where the length of the sentence is considered when assessing the impact on a naturalisation application. |
| Bind Over | A legal order where an individual is required to keep the peace or comply with specific conditions, which is generally considered a minor offence for naturalisation purposes. |
| Conditional Discharge | A court order where no immediate punishment is imposed, provided the offender does not commit another offence within a specified period. |
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
