ILR with drink driving conviction

[PURPLE123]

Hello everyone.

My husband is due to apply for ILR but unfortunately he was convicted of a drink driving offcence ealrier this year and was fined and banned from driving for 1 year.
He is currently on a spouse visa and I am a British citizen (born in the UK).

He will declare this on the set (M) form but:

* Will he be rejected for ILR?
* Is there an alternative if they were to reject his ILR request?

His friend told him that his cousing was banned from driving for 2 years becasue of a dirnk driving offence and he applied for ILR after a few months and he got it!!

* Is it based on individual circumstances?
* Is it down to the discretion of the case worker?
* Is there any leeway?

This is his first and only offence and we do have a child together so will this help?

Please advise accordingly ASAP.

Very much appreciated

[PURPLE123]

Hello

I know it hasn't been long since I posted this subject but please can I get a response sometime today!
I've seen clear and concise responses from Amber so it would be much appreciated if she could post her thoughts on this matter.

Thanks

[Amber]

It appears that if the conviction is not recorded on the applicants criminal record then they are granted ILR despite being convicted in the last 24 months. However, it must still be declared. You can check whether it's recorded on the PNC at your local police station asking for a SAR.

If SET(M) is refused, one may extend under Part 8 on FLR(M) until 24 months from the conviction has lapsed.

[PURPLE123]

Thank you for coming back to me Amber.

My husband will be applying in person for his ILR so if he goes there and is unfortunate with this will they then offer an extension there and then or will it have to be a separate application?

As for checking the PNC, can I do this or will it have to be my husband? Does it have to be in person or can it be done over the phone? Also what is SAR?

Many thanks

[Amber]

Subject access request, you can download one off the internet.

Perhaps take a completed FLR(M) in case.

[amir0]

I takes 2 years after drink driving conviction to be able to apply for ILR and 3 years for Citizenship based on the new rules.

[lordtutu]

How did this go? i'm in a similar situation but we have no child yet

[CR001]

How did this go? i'm in a similar situation but we have no child yet

This topic is more than 3.5 years old. Kindly refrain from digging up old threads and tagging on. None of the users who have posted in the this topic are active on the forum since before 2016.

Suggest start your own topic with your circumstances.