ILR for Work Permit Dependant with Criminal Conviction

[panther80]

Hi
Would really appreciate if you could please help me clear a few doubts I have regarding the ILR application.

My Wife has got a 5 years Work Permit starting from October 2007 which expires on 30th October 2012. She has been employed with the same employer has got a clean case in regards to other requirements for ILR.
Previously she was on a Student Visas from October 2004 and got her WP while being in the UK.

We got married in April 2008 and I got my Visas - WP Dependant from the same month and arrived in the UK in mid of April same year. Previously I was in the UK on Student Visas since Sept 2005 and went back home before end of my Student Visas in March 2008.

I was convicted of Drink Driving (DR10) a couple of years ago and was disqualified for 14 months (after doing the Drink Driving Course) and fined £ 300.00 by the Court. I understand the Rehabilitation period for my Case is 5 years considering the fine i got from the Court. I have always declared my conviction on all other Visa Applications to different countries involving business and personal travel, and will be declaring the conviction for the UK Visas aswell.

My questions are:

1. Will I be able to apply alongwith my Wife on the same application Form SET (O) as her dependant, and will my conviction affect her getting the ILR or getting rejected?

2. If I am able to apply alongwith her on the same application Form, Will I get the ILR or a different kind of visa.

3. If I am not able to apply alongwith her, then I guess I will have to apply on a different Form FLR (M), but will I have to wait until she gets her ILR or Can i apply before she get her ILR. I am full time employed and can provide all the documentation according to the requirements specified by the Home Office. We own our house for more than two years, so we would be able to provide the cohabitation documents aswell.

4. Both of us do not have BRP's, so do we have to apply for BRP before the application or are we supposed to provide our BRP details at the time of application at the PEO. We intend to make an appointment at the PEO on or after 3rd October and preferably before 10th October, considering our Visas are expiring on 30th October 2012.

5. If I am not eligible for ILR and if I get a further extension to leave for 2 years starting from Nov 2012, Will I be able to apply for ILR after my rehabilitation period ends in May 2014, so my conviction becomes spent, of will I have to wait until 28 days before the FLR expires.

Please can you share your thoughts on the above and help me clear the questions I have.

Thanks
Ams

[panther80]

Hi
Can any of the Board Members help and reply to my queries as above.
Thanks

[panther80]

Please can you spare a moment and share your thoughts.
I am seriously confused as I have come across the amended Rehabilitation of Offenders Act which says that any convictions with fines become spent after an year. Though it does not specify if the the amended bill has come in to force.

So I am really not sure if this change would apply in my cases, whereby i would be applying in October 2012.

Please let me know.

Thanks

[asim72]

New act has not come into force, so the rehabilitation period in place now will apply.

And when new act comes into force, it will be even worse. For immigration purposes, there will never be any rehabilitation. All previous convictions, no matter how long ago will need to be disclosed. UKBA will set their own guidelines for convictions and their effects.

But I can assure you, drink driving conviction will be dealt with harshly, and rightly so.

[legit2011]

1. I dont think you will be granted an ILR if you apply same time as you wife since you still have unspent convictions. I would advice you apply for an extension for leave to remain (FLR(M) same time she is applying..(have you carried out a CRB check?) and I dont think your conviction will affect hers'..Senior members to confirm.

2. You will have to apply for a further leave to remain FLR(M) same time as her application

3. Unless you still want to remain ona dependant visa, I do not see the reason whay you cannot apply for an extension before she does (senior members to advice)

4. BRPs will be taken on the same day as your PEO appointment. Its part of the PEO process

5. If I am not eligible for ILR and if I get a further extension to leave for 2 years starting from Nov 2012, Will I be able to apply for ILR after my rehabilitation period ends in May 2014, so my conviction becomes spent, of will I have to wait until 28 days before the FLR expires.

If you go for the further leave to remain in october 2012, then you can apply for your ILR as soon as your convictions become spent in Nov 2014 and you do not have to wait until 28days before the FLR expires.

The revised rehab period for court fines to one year has not commenced yet and the rehab period is still 5years.

I am on the same shoes as yourself but in may case I am the main applicant and I recently extended my visa for a further leave to remain. I should be applying for my ILR early 2013 when the 5year should be over and conviction spent. There are some post about people with conviction and successful ILR. Well I guess that is a gamble and depends on CW, however I wasnt prepared to take that gamble lol, thats is a personal decision though.

I hope this helps and goodluck

[panther80]

Hello Legit 2011
Thanks for your clarification...

It would be better for me to apply for FLR after my wife gets her ILR, which i presume would be the safest way in order not to jeopardise any of our application.

Will keep updated on how it goes..

Many Thanks

[bazzman]

Hi Panther80, can you please how your application went? thanks

[panther80]

Hi
I got my ILR in June 2014.
Please look out for the post I have made in June 2014.
Thanks