Can I get ILR with a criminal conviction?

It depends on the nature and severity of the conviction. Minor offences may not prevent ILR, but you may need to wait a specified period. Serious convictions, particularly custodial sentences of 12 months or more, create significant obstacles.

Do I need to declare spent convictions for ILR?

Yes. Unlike many other contexts, the Home Office requires disclosure of all convictions including spent convictions. Failure to disclose is itself treated as a character concern.

How long do I need to wait after a conviction before applying for ILR?

For non-custodial sentences: 3 years from the conviction date. For custodial sentences under 12 months: 10 years from the end of the sentence. For 12 months to 4 years: 15 years. Over 4 years: you will normally be refused permanently.

ILR With a Criminal Record: What You Need to Know

Updated 27 March 20269 min read

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.

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.
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.

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.

This guide is general information, not immigration advice. Immigration rules change frequently. For advice on your specific situation, consult an OISC-registered adviser or immigration solicitor. Always check GOV.UK for the latest rules.

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