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Hello Ahmedahmedelwan wrote:Hi,
I came to the UK June/2011 on a spouse visa.
I have had a motoring conviction due to driving without insurance by the court on 14/01/2013, was giving 6 points on my license and two endorsements (IN10 & LC20).
By Jan/2014 just before my visa expires, I've applied for ILR, it was refused as my conviction was unspent, they gave me 2 years residency permit, which will expire 17/01/2016. And stated that I need to reapply when the conviction is spent.
I know that endorsements takes 5 years to be spent. At the same time I've read that any non-custodial convictions will not cause ILR refusal if the conviction was over 24 months prior the day of the application of the ILR.
My question is, Should I apply for an extension or should I apply for ILR?
I would highly appreciate any quick help as it's all due very soon, and I am completely confused.
Kind Regards,
Ahmed Elwan
Only because of being on leave as a spouse (FLR(M)).tuntuna wrote:you mentioned instead giving you ILR they gave you 2 years residency permit, they gave you 2 years residency permit because you were on spouse visa? or this applies to every one who are due fir ILR and somehow don't get it cause of conviction and then go for this 2 years residency permit?
No, because the OP was convicted of driving offences by a court.FaeLLe wrote:Did they refuse your ILR application because you had points on your license?
Well I am already married and got a kid so it looks there is no option left for a person who is settled here with family and if got a convict on this minor offence so he has to leave a country no matter if he has spend nearly 10 years in this country???sushdmehta wrote:Yes you can, but you will have to marry a settled person or a British citizen, wait for 5 years and then apply for ILR.
FLR(M) leave is leave as spouse of a settled person / British citizen.
This NACRO document (page 10 and 11) seems to suggest that for a non-custodial offence a nationality application will be refused if the conviction / caution happened within the last 36 months. The good character requirement document (under BNA) also states the same.ahmedelwan wrote:Hi,
I came to the UK June/2011 on a spouse visa.
I have had a motoring conviction due to driving without insurance by the court on 14/01/2013, was giving 6 points on my license and two endorsements (IN10 & LC20).
By Jan/2014 just before my visa expires, I've applied for ILR, it was refused as my conviction was unspent, they gave me 2 years residency permit, which will expire 17/01/2016. And stated that I need to reapply when the conviction is spent.
I know that endorsements takes 5 years to be spent. At the same time I've read that any non-custodial convictions will not cause ILR refusal if the conviction was over 24 months prior the day of the application of the ILR.
My question is, Should I apply for an extension or should I apply for ILR?
I would highly appreciate any quick help as it's all due very soon, and I am completely confused.
Kind Regards,
Ahmed Elwan
In essence, you should be able to make an ILR application after 24 months of a non-custodial conviction and a nationality application after 36 months of a non-custodial conviction.Grounds on which leave to remain and variation of leave to enter or remain in the United Kingdom are to be refused
(1C) where the person is seeking indefinite leave to enter or remain:
(iv) they have, within the 24 months prior to the date on which the application is decided, been convicted of or admitted an offence for which they have received a non-custodial sentence or other out of court disposal that is recorded on their criminal record.
This topic is a year old and geriatrix has not been active on the forum for many months. Rather than tag your question (unfairly) onto other members topics, start your own.sifat80 wrote:Hi Geriatrics,
Thanks for your comment...very well answered. I have a similar situation as Ahmed. Could please for elaborate if the 36 MONTH PERIOD IS FROM DATE OF INCIDENT OR DATE OF CONVICTION (as in my case it took 6 MONTHS by court/civil system to make final decision).
Thanks
Sifat