HELP!! WORTH APPLYING FOR ILR WITH CONVICTION

[PURPLE123]

Hello

Just wanted advice and opinions on the above.

Due to apply for ILR but have a drink driving conviction. Current visa expires in June 2014 and conviction was given in January 2014.

Your view/opinions/advice will be much welcomed and appreciated.

Thanks

[maumivu]

Hi there
I have similar problem

I am married to a british citizen since 2010 and i was due to apply for my ILR in december 2012.
But due to having drink and dive offence, i was told to wait until 5 years has passed since i was convicted. This will take me to october 2014.
What I am asking is, I was told that ukba has now reduce the rehabilitation period from 5 years to 3 years.

Does this mean I can now go and apply?
Or this is not applicable to me?

Please help.

this is first time i'm posting in this reques so forgive me if i done it wrong.

thanks

George

[Amber]

The rules changed in 2012 (December). The 1974 Act does not apply to immigration applications, therefore, it doesn't matter if the conviction is 'spent' or not. However, as 24 months have lapsed it should no longer be a general grounds for refusal.

The OP - if you are refused ILR you may extend until 24 months has lapsed. If the conviction is recorded on your criminal record, it is likely to mean a refusal.

[maumivu]

Amber

thank you so much for using your time to help me.

Yes it is recorded in my CRB however it happened 4 and half years ago.
After I got married, ukba granted me 2 years spouse visa and said to me that I could apply for ILR at the end of my 2 years spouse visa.

However, when I tried to apply for ILR, ukba said to me that I should wait until 5 years has lapsed since the date of conviction as the minimum for rehabilitation period is 5 years. Instead they gave me another two years spouse visa.

Can this be a refusal?

No criminal convictions for the past 4 and half years.
Still married to same person and now have son 2 yrs old.
No benefits.
The only conviction I have since I came to this country is drink driving oct 2009 and driving with no correct licence in dec 2006 but only drink drive is recored in my CRB.

Please help

[Amber]

The rules changed in 2012 (December). The 1974 Act does not apply to immigration applications, therefore, it doesn't matter if the conviction is 'spent' or not. However, as 24 months have lapsed it should no longer be a general grounds for refusal.

The OP - if you are refused ILR you may extend until 24 months has lapsed. If the conviction is recorded on your criminal record, it is likely to mean a refusal.

[amir0]

Totally agree with Amber
24 months for ILR
36 months for citizenship