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ILR on 10 Years basis

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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nasir_raza73
Newly Registered
Posts: 3
Joined: Sun Aug 30, 2015 11:32 pm

ILR on 10 Years basis

Post by nasir_raza73 » Sun Aug 30, 2015 11:50 pm

Hi All,
I need a advise. My ILR is due on jan 2016 on the basis of long residencey 10 years legal stay in uk.
I have 6 weeks custodial sentence in Mar 2012 and IN10 driving a car with our insurance on the same time.
I have applied scotland disclouser and it says my conviction will be spent on Mar 2017. Then i Applied SAR ( SUBJECT ACCESS REPORT) from Police and it came clear.
I have seen post where people get the ILR with unspent convictions as there SAR was clear.
The home office rules says if some body have prison sentence less than 6 weeks they have to wait 7 years.
The scotland disclouser says the conviction will be spent after 5 years.
The SAR is clear.
what i need to do now?
can any expert give me best course of action now.
As i have my two dependents my wife and my 2 years daughter born in UK.


Thanks
Nasir

vinny
Moderator
Posts: 33322
Joined: Tue Sep 25, 2007 8:58 pm

Re: ILR on 10 Years basis

Post by vinny » Mon Aug 31, 2015 12:23 am

nasir_raza73 wrote:The home office rules says if some body have prison sentence less than 6 weeks they have to wait 7 years.
That's correct.

When does you leave expire?

You may apply for FLR(LR) when you would have qualified, if not for the conviction. My quess is that dependants may apply for FLR(FP).

If your daughter hasn't been granted leave since birth, then she doesn't need to make any application for leave to remain.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

nasir_raza73
Newly Registered
Posts: 3
Joined: Sun Aug 30, 2015 11:32 pm

Re: ILR on 10 Years basis

Post by nasir_raza73 » Tue Sep 01, 2015 9:08 pm

Thanks.
My leave will expire on aug 2016. Then i can apply for FLR on the basis of LR. But how many times i can apply for FLR. I think its only one time and they will give FLR for 2 years or more.
I will be eligible for ILR on MAR 2019. So i can keep applying FLR?
My daughter was born in uk then she traveled back home on travel document when she was 18 months old i applied her visa and she got entry clearance and she is back in uk with her mother.
I have to keep applying her exrension or she will be okay without visa?
Please any advice.
Thanks

vinny
Moderator
Posts: 33322
Joined: Tue Sep 25, 2007 8:58 pm

Re: ILR on 10 Years basis

Post by vinny » Wed Sep 02, 2015 12:57 am

I believe that you may apply for FLR(LR) as many times as necessary.
UK-born daughter will be entitled to register directly immediately after you are granted ILR. However, she is also expected to satisfy the Good Character requirements, if she is 10 or over.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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