Q&A

Do you have to declare spent convictions for visa?

Do you have to declare spent convictions for visa?

Under US Immigration law, if you have been arrested at any time, you are required to declare the arrest when applying for a visa. Therefore, even travellers with a spent conviction are required to declare the arrest and/or conviction.

Do I have to declare spent convictions UK?

Generally, once spent, you can legally ‘lie’ about your past convictions by answering ‘no’ to a question about convictions. Once your convictions are spent, the Act gives you the right not to disclose them when applying for jobs, unless the role is exempt from the Act (see below).

How long does a spent conviction stay on record UK?

Spent and unspent convictions Any custodial sentence over two and a half years stays unspent. If you were found guilty of a criminal offence by a court, following the specified time-period, your conviction will be considered “spent”. The specified time is the rehabilitation period.

What convictions are spent?

Under the Act, following a specified period of time which varies according to the disposal administered or sentence passed, all cautions and convictions (except those resulting in prison sentences of over 30 months) are regarded as ‘spent’. As a result the offender is regarded as rehabilitated.

Does a basic DBS check show spent convictions?

Basic DBS check: Contains any convictions or cautions that are unspent. Standard DBS check: Contains details of all spent and unspent convictions, cautions, reprimands and final warnings (apart from protected convictions and cautions) held on central police records.

What convictions stop entry to UK?

Those seeking permission to enter the UK will normally be refused if they have previously been convicted of a criminal offence punishable by at least 12 months imprisonment.

Are convictions ever spent?

All cautions and convictions eventually become spent, with the exception of prison sentences of over 30 months (2 ½ years). The exceptions where you may have to declare spent cautions and convictions are listed on the Rehabilitation of Offenders Act 1974 (Exceptions) Order (further details below).

Can a person with a criminal conviction get a UK visa?

The matter has since been resolved, as despite being detained by the Chinese authorities in 2011, Ai has never actually been charged or convicted of a crime in China. The Home Office has now granted Ai his six month business visitor visa and has apologised for the inconvenience caused.

How can a criminal conviction affect your travel plans?

How a Criminal Conviction can affect your travel plans 1 United States of America. Perhaps the most difficult country to enter if you have a criminal conviction, the United States requires you to apply for a visa if you have 2 With a Criminal Conviction. 3 Australia. 4 Substantial Criminal Record. 5 Canada.

Can a person with a criminal record enter the UK?

Applicants for entry clearance and those applying to remain in this country are checked for UK criminal convictions. Those seeking permission to enter the UK will normally be refused if they have previously been convicted of a criminal offence punishable by at least 12 months imprisonment.

Do you need a criminal record to apply for a skilled worker visa?

When a certificate of sponsorship is issued, an applicant applying for entry clearance in the Skilled Worker route will be informed by their sponsor whether they will be required to provide a criminal record certificate. Visa applicants in all other routes are not currently required to provide criminal record certificates.