ILR With a Criminal Record: What You Need to Know
What you need to know
- •All convictions must be disclosed, including spent ones and overseas convictions.
- •Non-custodial convictions: 3-year waiting period. Custodial under 12 months: 10 years.
- •Custodial 12 months to 4 years: 15-year wait. Over 4 years: normally permanent refusal.
- •Seek legal advice before applying if you have any criminal record.
Criminal convictions are assessed under the good character requirement for ILR. The impact depends on the severity of the offence and how long ago it occurred. Custodial sentences create the longest waiting periods. All convictions must be disclosed, including spent ones. Seeking legal advice before applying is strongly recommended if you have any criminal history.
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The Good Character Requirement
ILR applications are assessed against the good character requirement. The Home Office's good character guidance sets out how criminal convictions are treated.
Waiting Periods
- Non-custodial sentence (fine, community order, caution): 3 years from the date of conviction.
- Custodial sentence under 12 months: 10 years from the end of the sentence (including licence period).
- Custodial sentence 12 months to 4 years: 15 years from the end of the sentence.
- Custodial sentence over 4 years: You will normally be refused permanently. See our Life in the UK test guide and English language tests guide for the other ILR requirements.
These periods apply to both UK and overseas convictions. See our 2026 good character changes guide.
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Disclosure
You must declare all criminal convictions on your ILR application, including:
- Spent convictions under the Rehabilitation of Offenders Act 1974.
- Overseas convictions from any country.
- Cautions, warnings, and out-of-court disposals. The Home Office will verify this information.
- Ongoing investigations or pending charges.
Failure to disclose is treated as dishonesty and can lead to refusal even if the original conviction would not have been a problem. See our criminal record and citizenship guide.
Minor Offences
A single minor offence (such as a speeding fine) is unlikely to prevent ILR if 3 years have passed. However, a pattern of minor offending may raise concerns about character. Be prepared to explain the circumstances and check our visa refusal guide if your application is refused.
Getting Legal Advice
If you have any criminal record, even minor, seek legal advice before applying for ILR. A solicitor can assess whether the conviction will affect your application and advise on timing. See our DIY vs solicitor guide. You will also need to attend a biometrics appointment as part of the application.
This guide is general immigration information, not immigration advice under s.82 Immigration and Asylum Act 1999. Immigration rules change frequently. For advice on your specific situation, consult an IAA-authorised adviser or an SRA-regulated immigration solicitor. Always check GOV.UK for the authoritative current rules.
Related guides
Preparing a UK visa application?
Get the exact document list and step-by-step timeline — £149, paid once.