British spouse criminal record:

Hi there,

I’ve been looking everywhere for information on this to no avail. I’m hoping the brilliant minds here can shed some light.

I’m set to get my ILR spousal visa in 2021 and my husband(British citizen) might be in some legal trouble with the police. I’m confident he won’t be convicted and secured him legal help already-but on the off chance...

would it be an automatic rejection if he were in jail during my time here before ILR? We have every intention of fighting this together but I have no clue how this could look and want all outcomes.

Thanks so much for anyone who answers.


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His criminal history has nothing to do with your visa application. He’s a U.K. citizen - they can’t ban him from his own country.

And the ILR application is about YOUR personal history, not his.

So, only YOUR criminal background is relevant, because YOU are the one who has to prove you deserve to live in the UK and won’t be a danger to society.

Which means that the only way your ILR can be refused based on criminal convictions is if YOU have any unspent criminal convictions on your record.

That’s really a relief. I’m more afraid that they will reject because we obviously can’t live together *if* he’s in jail. The only information I could find on it related to separation and divorce, which we absolutely don’t plan to do.

I’ve just been a ball of nerves and tend to panic. Thank you so much, as usual, for immediately providing me reason.

Edited to if in jail as I’m a raging pessimistic ball of nerves with a cynical view of judicial systems.

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