If you are contemplating British citizenship, having a criminal record can be a barrier to getting citizenship. Many British nationality applications are rejected due to criminal convictions.
‘Good character’ is also a key requirement when applying for British citizenship. Importantly, the applicant must disclose any offending information on the application.
Criminal Offending and British Citizenship
The applicant has to be of ‘good character’ to successfully apply for British citizenship under The British nationality Act 1981. The relevance of past criminal offending is not clearly defined in the Act.
Having a criminal conviction does not put a blanket ban on applying for British citizenship. The decision on the citizenship applications would depend on the nature of the conviction, the sentence, and a range of other factors.
The Home Office caseworker would weigh the positive and negative factors as well as consider criminal offences and immigration breaches to make a decision on good character.
Importance of Disclosing Criminal Convictions
Besides the relevant information about their conduct, character, and associations, the applicants must disclose all offences, pending criminal prosecutions, and consequent penalties both in the UK and overseas.
In short, applicants should inform about any significant event or criminal offence that has an impact on their good character test. Irrespective of where they take place, the applicant for British Citizenship must declare all criminal offences.
Impact of Not Disclosing Your Criminal Offending
More than a criminal offence, your record and its relevance to your good character are vital for getting a British nationality. Having a criminal conviction does not necessarily decide the outcome of the application.
However, the misleading information and lack of honesty may result in the refusal of the British citizenship application on the ground of deception.
Disclosing Overseas Criminal Record
Amended Immigration Rules require applicants to submit overseas criminal record certificates. It applies only when an applicant, aged over 18, has lived in the country for over 12 months in the 10 years prior to applying.
Criminal Convictions Resulting in Refusal of British Citizenship
The citizenship application is refused on the basis of the following cases
- Your criminal conviction is counted within ‘sentence-based thresholds’
- The applicant is a persistent offender
- He/she has committed an offence that caused serious harm
- Sexual offence or involvement in gun crimes and drug-related offending
Does Concealing a Criminal Record Revoke Citizenship?
Making a false declaration of a clean criminal record is a criminal offence itself. Consequently, the application will be refused once the Home Office caseworker gets to know about the past criminal offences.
Not only will the British Nationality application be rejected but the applicant is also liable to face criminal prosecution. In addition, if the applicant is granted British Citizenship and the authorities have discovered any past criminal offence, he will likely be stripped of the British nationality.
