The new rule
Under Earned Settlement, any adult applicant with a criminal record in the UK will be refused settlement. This is a mandatory requirement, so it cannot be balanced out by high earnings, public service or any other contribution.
A criminal record can include prison sentences, suspended sentences, community sentences, court fines, conditional cautions, absolute and conditional discharges, detention and training orders, and civil orders where there has been a conviction. The exact definitions will be confirmed in the Immigration Rules and guidance.
How this differs from the current rules
Under the current system, longer prison sentences normally lead to refusal, while lesser offences can lead to refusal for a set period or are weighed at the Home Office’s discretion. Earned Settlement removes most of that flexibility for adult offending in the UK.
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Check my pathwayOverseas convictions
Convictions abroad will also lead to refusal where the conduct would be an offence in the UK. The Home Office keeps some discretion, recognising that legal systems differ, for example where something is criminal overseas but not in the UK.
Offences committed under 18
Offences committed as a child are considered case by case rather than leading to automatic refusal.
Routes outside the framework
Groups that keep their existing settlement arrangements, such as Hong Kong BN(O) visa holders and the Armed Forces, will still be subject to the stronger criminality requirement unless an exemption applies.
Get advice before applyingIf you have any criminal record, in the UK or abroad, speak to a regulated immigration adviser or solicitor before making any application. A refused settlement application can have serious consequences.
Questions and answers
Does a speeding fine count as a criminal record?
A fixed penalty notice is not normally a criminal conviction. A court conviction for a driving offence can be. Final definitions will be in the rules, so check with an adviser if you have any driving convictions.
Do spent convictions count?
Immigration applications usually require disclosure of spent convictions. How spent convictions are treated under Earned Settlement will be set out in the rules.
This is not legal advice. This guide explains the Government’s published proposals for Earned Settlement, which are not yet in force and may change. For advice on your own situation, speak to a regulated immigration adviser or solicitor, or check GOV.UK. Read our full disclaimer.