Suspended Sentences of 12 Months or More Trigger Automatic Deportation from 22 March
15 Mar 2026
If you or a family member currently in the UK on a visa has a suspended sentence of 12 months or more from a UK court, an urgent change takes effect in 7 days.
From 22 March 2026, Section 45 of the Sentencing Act 2026 comes into force. It removes the previous exclusion of suspended sentences from the automatic deportation threshold under the UK Borders Act 2007. Until now, a 12-month suspended sentence did not trigger the legal duty to deport a foreign national — because the person was not actually imprisoned. From 22 March, it does. A suspended sentence of 12 months or more will be treated identically to a custodial sentence of 12 months for the purpose of automatic deportation.
A parallel change in the Immigration Rules (HC 1691, effective 26 March 2026) adds suspended sentences of 12+ months as a mandatory ground for refusing or cancelling leave. This means that when you apply to extend your visa, renew your BNO leave, or apply for ILR, a suspended sentence of 12 months or more in the UK may result in a mandatory refusal — regardless of when the offence took place. Existing leave can also be curtailed where a mandatory cancellation ground applies.
Exceptions do exist — but they are not automatic
The main statutory exception is where deportation would breach the person's rights under Article 8 of the European Convention on Human Rights (private and family life) or the UK's obligations under the Refugee Convention. Exercising these protections requires you to actively argue your case — they are not applied automatically. BNO holders and others with deep family ties in the UK, long residence, or dependant children who are British citizens may have stronger grounds, but this is highly fact-specific.
What to do if you are affected
If you received a UK suspended sentence of 12 months or more at any point and are currently in the UK on a BNO, Skilled Worker, Family, or any other visa, seek specialist immigration legal advice immediately — before 22 March if at all possible. Do not wait until your next visa renewal to discover the impact. A specialist immigration solicitor or barrister can advise on whether a mandatory ground applies to your specific circumstances, whether an Article 8 exception is available, and whether any action should be taken proactively with the Home Office.
Sources: