Set P Suitability: Criminality

Question 1

Question: What is the impact of a prison sentence of 4 years or more on a Set P application?

Answer 1

Answer: The applicant will always be refused settlement, with no time limit after which they can apply.

Question 2

Question: What happens if the applicant was sentenced to imprisonment for between 12 months and 4 years?

Answer 2

Answer: The applicant will be refused settlement unless at least 15 years have passed since the end of the sentence.

Question 3

Question: How does a prison sentence of less than 12 months affect a Set P application?

Answer 3

Answer: The applicant will be refused settlement unless at least 7 years have passed since the end of the sentence.

Question 4

Question: How long must an applicant wait after a non-custodial sentence or out-of-court disposal before they can apply for settlement?

Answer 4

Answer: The applicant will be refused settlement unless at least 2 years have passed since the end of the conviction or disposal.

Question 5

Question: Can someone be refused settlement due to ongoing criminal activity or concerns about their character?

Answer 5

Answer: Yes, even without a custodial sentence, the Home Office can refuse settlement if the applicant’s character or behavior does not meet suitability requirements.