Criminal convictions and immigration status: what a non-British citizen risks
A person who is not a British or Irish citizen and is sentenced to at least 12 months' imprisonment must be deported unless an exception applies (UK Borders Act 2007 ss.32-33). For convictions from 22 March 2026 a suspended sentence of 12 months or more also counts. Shorter sentences can still affect status and citizenship, so regulated immigration advice is essential.
Scope
Immigration law is outside this library's core scope. Immigration advice must come from a solicitor or an adviser regulated by the Immigration Advice Authority, ideally before any plea.
Automatic deportation
- If you are not a British or Irish citizen and you are sentenced to at least 12 months' imprisonment, the Home Secretary must make a deportation order (UK Borders Act 2007 s.32). The 12 months must come from a single sentence: consecutive sentences are not added together. Detention in a young offender institution or hospital counts (s.38).
- For convictions on or after 22 March 2026, a suspended sentence of 12 months or more also counts (Sentencing Act 2026 s.45).
- Exceptions (s.33):
- removal would breach human rights or the Refugee Convention;
- you were under 18 at conviction;
- extradition proceedings or certain Mental Health Act orders;
- removal would breach the anti-trafficking convention;
- you are protected under the EU withdrawal arrangements and the offending was before 31 December 2020.
Other deportation cases
The Home Secretary may also deport where this is conducive to the public good (Immigration Act 1971 s.3(5)). Under Immigration Rules Part 13, the public interest requires deportation, unless a private or family life exception or very compelling circumstances apply, where there is:
- a custodial sentence of 12 months or more (or a suspended sentence of 12 months or more, for convictions from 22 March 2026);
- an offence causing serious harm; or
- persistent offending.
Where the custodial sentence is 4 years or more, only very compelling circumstances can prevent deportation. A court can recommend deportation, but only after giving 7 days' written notice (s.6).
Early removal from prison
A foreign national serving a fixed-term sentence can be removed for deportation after serving 30% of the custodial part, or if later, from 4 years before their normal release point (Criminal Justice Act 2003 s.260, from 23 September 2025). Sentencing Act 2026 s.35, which would remove this minimum period, is not yet in force.
Status and citizenship
- A custodial or suspended sentence of 12 months or more means mandatory refusal or cancellation of permission to enter or stay. Shorter sentences are discretionary.
- Citizenship is normally refused after a custodial sentence of 12 months or more, for persistent offending or for an offence causing serious harm. A suspended sentence counts as non-custodial under this test.
- A refugee sentenced to 12 months or more is presumed, unless they show otherwise, to be a danger to the community (Nationality, Immigration and Asylum Act 2002 s.72).
In practice
The plea, the basis of plea and the sentence length can all change the immigration outcome. Early advice from both criminal and immigration lawyers matters.
Authorities: UK Borders Act 2007 ss.32, 33, 38 (s.38(1)(a) omitted by Sentencing Act 2026 s.45 from 22 March 2026, SI 2026/217 reg.2, not applying to convictions before that date, reg.3); Immigration Act 1971 ss.3(5), 3(6), 6; Immigration Rules Part 13 paras 13.1.1, 13.2.1-13.2.3; Immigration Rules Part Suitability SUI 5.1-5.5 and Home Office guidance, Suitability: grounds for refusal / cancellation - criminality v5.0 (suspended sentences from 26 March 2026); Criminal Justice Act 2003 s.260 (as substituted by Nationality and Borders Act 2022 s.47 and amended by SI 2025/1187 from 23 September 2025); Sentencing Act 2026 s.35 (not in force); Nationality, Immigration and Asylum Act 2002 ss.72, 117C-117D; Home Office, Good character requirement guidance v7.0 (30 April 2026); Immigration Advice Authority (regulator of immigration advisers)