Criminality and security checks will be carried out on all applications for status under the scheme. This aims to identify serious or persistent criminals and anyone who may present a threat and to protect all UK residents, so it won’t affect the vast majority of EU nationals and their family members.
In the Statement of Intent, the government has said:
we are not concerned here with minor offences, such as a parking fine
Assessment of criminal offences
Based on the date the offence was committed
Before 31 December 2020
Assessed under the EEA Regulations
Conduct, and criminal convictions related to it, before the end of 2020, will be assessed in accordance with the criteria set out in the EEA Regulations.
This involves consideration as to whether the person is a genuine and sufficiently serious threat to the fundamental interests of UK society, on grounds of public policy or security, such as to justify refusal of status and deportation.
From 1 January 2021
Considered against UK deportation thresholds
The UK Borders Act 2007 creates a presumption that foreign criminals will be deported if they are convicted in the UK of a crime leading to a prison sentence of 12 months or more, unless one of a number of exceptions apply. The exceptions include where deportation would breach provisions made by the European Convention on Human Rights or the Refugee Convention, as well as where the offender was under 18 at the time of the conviction.