Immigration Applications Placed on Hold Pending Prosecution

Immigration Applications Placed on Hold Pending Prosecution

On 13^th May 2024 the Home Office issued new guidance applicable to immigration applications affected by pending prosecutions. 

Once a pending prosecution is known, the Home Office must consider each case on an individual basis taking the following into account:

• The current stage the application has reached
• Any previous convictions 
• The alleged offence
• Whether the alleged offence caused serious harm 
• The applicant’s personal circumstances, including length of UK residence

The Home Office will then refer to the Sentencing Council Guidelines to establish the potential maximum sentence the applicant may receive if convicted. The potential maximum sentence the applicant may receive will form an important part in assessing whether it is proportionate to pause the immigration decision until any prosecution is concluded. 

The Home Office are likely to pause decision making until the prosecution for more serious alleged offences is concluded as suitability criteria could be engaged.

It would be disproportionate to pause decision making for lower-level alleged offences, especially where there is no previous criminal history, as suitability criteria may not be engaged, even if convicted. 

For tailored advice on how a pending prosecution could affect your immigration application, please contact BHD’s Private Immigration Department.