Facts. Diego, 28, has a work visa. He is arrested for possession of a few grams and offered a simple caution.
What the law says. Part 9 of the Immigration Rules has been replaced by "Part Suitability" (from 11 November 2025). Under SUI 5.3, an application "may be refused" where the applicant "received an out-of-court disposal that is recorded on their criminal record". For visitors and short stays, SUI 5.4 says it "must be refused" unless more than 12 months have passed.[49][50] UK spent-conviction rules do not generally apply to immigration decisions [secondary source].[51] Since 29 June 2026, Crime and Policing Act 2026 s.188 allows police and the CPS to give foreign national offender conditional cautions with departure conditions to people with limited leave; previously only people with no leave were eligible (Home Office Circular 004/2026).[52] Leaving under such a caution can lead to a 5-year re-entry ban (SUI 12.1(d)).[50]
What to do. Do not accept any caution before getting legal advice, including immigration advice. Duty solicitor; an OISC-regulated immigration adviser; Citizens Advice.