Do you want to visit the UK but have a historic conviction? Speak to Gherson before you make an application

If you have a historic conviction and were sentenced to more than 12 months in prison, any visit visa application you make is subject to a mandatory ground of refusal under the immigration rules, subject to the Home Office deciding to exercise discretion. Any application must therefore be prepared with significant caution.

Gherson have been receiving an influx of enquiries from non-visa nationals who have been refused Electronic Travel Authorisations (ETAs), and in some cases subsequent visit visa applications, because of historic criminal convictions.

Why is this happening?

Prior to the implementation of the ETA system, non-visa nationals were free to visit the UK without any pre-departure permission to travel. In the majority of cases, on arrival to the UK, non-visa nationals would simply be admitted via e-gates, never encountering the need to engage with or provide information to the UK authorities.

This position has now entirely changed. As of 2 April 2025, all non-visa national visitors require an ETA or visit visa obtained in advance of any travel to the UK, and the ETA and visit visa application forms require you to disclose any criminal history.

And what happens if you have a criminal conviction to disclose? That will ultimately depend on the sentence that you received.

Since December 2020, the immigration rules have mandated the Home Office to refuse any visit visa application where an applicant has ever received a sentence of imprisonment of 12 months or more. This is a marked departure from the more nuanced pre-2020 rules, which adopted a time-limitation approach (for example, if you were sentenced to a period of imprisonment of between 12 months and less that 4 years, but at least 10 years had passed since the completion of your sentence, you would no longer come up against a mandatory refusal when applying for a visa after those 10 years).

The upshot: the combined effect of the post-2020 refusal grounds and the very recent introduction of the ETA system has triggered a surge in non-visa nationals suddenly, and in many cases unexpectedly, losing the ability to visit the UK with the ease that they once had.

What if I haven not made an application yet?

We would strongly recommend that you seek legal advice if you need to visit the UK and you have historic criminal convictions. Applications involving criminal convictions present complex issues and should be prepared with significant care and attention.

What can I do if I have a refusal already?

We want to hear from you. Gherson are exploring the possibility of a collective legal challenge to mandatory refusals, and we are looking to understand just how many non-visa nationals have been impacted by such decisions, and their specific circumstances.

How Gherson can assist

Gherson’s Immigration Team are highly experienced in advising on all UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on X, Facebook, Instagram, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

©Gherson 2025