BN(O) Special case & Admin review

Criminal Record

Since the introduction of the BNO visa scheme in January 2021, we have successfully handled over a hundred of BNO visa cases involving criminality record. This includes theft, sexual offences, assault, traffic, corruption, fraud, smuggling and drugs related offences. Details of each category are listed below:

Theft

• • Theft (Shoplifting)
  • Burglary
  • Obtaining Property by Deception

Sexual

• • Committing an act outraging public decency
  • Behaves in a disorderly manner in a public place

Assault

• • Criminal Intimidation
  • Fighting in a Public Place
  • Claiming to be a member of a triad society
  • Assault Occasioning Actual Bodily Harm
  • Possession of offensive weapon in a public place

Traffic

• • Careless driving
  • Dangerous driving
  • Driving a motor vehicle with alcohol concentration above the prescribed limit

Corruption

• • Agent accepting an advantages
  • Conspiracy to defraud

Fraud

• • Making false report of commission of an offence
  • Possessing of a false instrument
  • Dealing with goods to which dutiable commodities ordinance applies
  • Engaging in bookmaking

Smuggling

• • Aiding and abetting an attempt to export regulated native specimens

Drugs offences

• • Possession/ Selling/ Distributing/ Offering of unregistered pharmaceutical products for the purpose of sale

The UK Immigration Rules for applicants with criminal record are stated below:

An application for entry clearance, permission to enter or permission to stay must be refused where the applicant:
(a) has been convicted of a criminal offence in the UK or overseas for which they have received a custodial sentence of 12 months or more; or
(b) is a persistent offender who shows a particular disregard for the law; or
(c) has committed a criminal offence, or offences, which caused serious harm.

Nature of the offence
First of all, we will need to understand what type of criminal record the applicant has committed, and whether its nature has caused serious harm to others, physically and psychologically, or to society as a whole. According to the Immigration guidelines, it is specifically mentioned that some of the criminal cases, such as violent acts, sexual offences, drug-related offences, may be regarded as serious harm.

Number of offence(s)
The second consideration is the number of crimes committed by the applicant, whether it is a single or multiple offences will also have an impact on the application. According to the Immigration guidelines, the definition of persistent offender is the number of crimes committed regularly within a period, whether it shows a pattern of offending over a period of time.

The Sentence
The last consideration is the penalty or sentence received by the applicant. If the applicant has been sentenced to imprisonment for 12 months or more, the application will be refused.

Our Recommendations
If the applicant has a criminal record, we recommend the applicant to apply for a Criminal Record Summary from the police, and more importantly, seek professional advice to prepare the application to increase the success rate of the application.