ILR Refused and Changed to Discretionary Leave

[mohmmad786]

it says,"DISCRETIONARY GRANT OF LEAVE TO REMAIN" in 2010 and "GRANT OF DISCRETIONARY LEAVE TO REMAIN" in 2013.

[mohmmad786]

Am i right in thinking that i can apply for ILR after this 3 years discretionary leave?
Thankyou.

[Obie]

In law you ought to have qualified now.

You do qualify under the DLR Policy. The UKVI says only people who fall under the restricted category will not qualify. The restricted category, are mostly those criminality case that hit the criminality threshold.

I am still studying whether it is open to them to use criteria under the rules to determine a case outside it.

That is really strange.

[Casa]

Hello, I was wondering if anyone can help me please. I applied for ILR on SET(O). My wife and son are British.
The reason they have refused me is false representations. I was convicted in january 2005 for 4 month. When i was in prison i was told that after 4 years i dont have to tell anyone about my conviction. So when i made the application for ILR, i didnt mention this on the form. Today i have had a letter from home office saying that they have rejected my application for ILR and now considering it for limited leave to remain on the basis of exceptional circumstances.
"We are saisfied that it would be appropriate to grant you a further period of Discretionary Leave on the basis of continuing family life."
They are also asking for £600 immigration health surcharge. Also i am not allowed to appeal.

I might be wrong in listening to prison staff but i definitely didnt do it on purpose and i was wondering if there is anything i can do?

Thanks

@Obie does the above conviction have any bearing on the most recent refusal of ILR and another period of DLR?

[Obie]

Well the policy is, if the criminal threshold is met, then the person is given 6 months DLR, and they will qualify after 10 years.

It appear that they issued him the DLR after his prison sentence and they had issued his twice, since the 2004 sentence, which was 12 years ago. Therefore it will not be open to the Home Office to now seek to say, the OP fall within the Restricted groups of applicants, who has since acquired a criminal conviction.

If he can show that it was a genuine mistake, and he had declared it in his previous application, but feel he did not need to now, then he will have a strong basis to argue that, i have no basis to hide, as i had notified you previously. I genuinely though i did not need to, which was why i did not disclose it.

[mohmmad786]

Well the policy is, if the criminal threshold is met, then the person is given 6 months DLR, and they will qualify after 10 years.

It appear that they issued him the DLR after his prison sentence and they had issued his twice, since the 2004 sentence, which was 12 years ago. Therefore it will not be open to the Home Office to now seek to say, the OP fall within the Restricted groups of applicants, who has since acquired a criminal conviction.

If he can show that it was a genuine mistake, and he had declared it in his previous application, but feel he did not need to now, then he will have a strong basis to argue that, i have no basis to hide, as i had notified you previously. I genuinely though i did not need to, which was why i did not disclose it.

Thank you very much for the advice. Do you think its worth doing a freedom of information request to home office so i can get all the paper work they have got on me?
Thank you.

[Casa]

Make a Subject Access Request (SAR)

https://www.gov.uk/government/publicati ... mmigration

[mohmmad786]

Can i please ask two questions. First one is the SAR request page 4.
Records Requested, I dont know what to ask on that page
I am asking for Home Office files
working permit (nothing on that)
Visa application Forms (out of country applications) what should i say on this? should i ask for all the visa application forms?
Detention Records (should i ask for it?)
Landing card (should i ask for it?)
Is there anything else i can ask?

Another thing on the form is that they want it signed by solicitor, i have got my driving license and i can send the copy, would i need to take it to a solicitor and get it certified?

Thank you.

[Ahmad Sharif]

Dear Mohammed,

It appears that you were granted DLR because the conviction remains unspent, which is surprising because it should have been spent long time ago. The question here is that you did not declare your criminal conviction.

You should be happy that they granted you DLR for another three years of punishment. In other words, your caseworker was much nicer than any others. You know that if something like this hasn't been declared you would have been done for 322(1) and (2) deception. You would have been imposed 10 years ban and deported unless you took this to JR with excuses and no luck. The reason why I say this is because after reading many ILR refusals, it was always either failing to declare a cation, criminal conviction or having tax issues for T1 visas.

Also bear in mind that on SET(O) it directly tells you to declare SPENT or UNSPENT criminal convictions so make sure you are reading the form carefully. At least I am happy that you have not been done for deception but please do request AR because you never know what Home Office has written against you.

Regarding to the 3 years DLR I assume that Home Office granted you further DLR because maybe the rehabilitation of this criminal conviction sipite being in prison for 4 months may not have been spent? Are you sure you have not received any other convictions or simple cautions because the caseworker might have extended your DLR based on that instead of mandatory refusing your application.

Not to make you scared because this is very important when it comes to natrulisation under good character because you can be refusal if you were accused of false representation for your ILR.

I wish you all the best for your AR outcome. I hope they have nothing against you.

Ahmad

[mohmmad786]

Thankyou for the reply Ahmad. I am trying to do SAR to home office to find out what they have got but i am confused on what things i need to ask. I have got the forms and cheque ready here but cant send it till i fill that page of what i need and do i need to get my driving license copy certified.
Thank you.

[mohmmad786]

Can i please ask two questions. First one is the SAR request page 4.
Records Requested, I dont know what to ask on that page
I am asking for Home Office files
working permit (nothing on that)
Visa application Forms (out of country applications) what should i say on this? should i ask for all the visa application forms?
Detention Records (should i ask for it?)
Landing card (should i ask for it?)
Is there anything else i can ask?

Another thing on the form is that they want it signed by solicitor, i have got my driving license and i can send the copy, would i need to take it to a solicitor and get it certified?

Thank you.

Any chance i could get help on this Please.
Thankyou.