Long Residence (10 years) SET(LR) application th conviction

[wayne_321]

hi all

i am new here i need help recently i have completed 10 years long residency came in this country 10 years before my visa is finishing in September 2017 i am supposed to apply for Long Residence (10 years) SET (LR) but i had criminal conviction last year in 2016 i went to many solicitors but couldn't get right information. can i apply for 10 years set ILR ? as long as i read guidance i can not apply before 24 months spend .
secondly can i apply for Discretionary leave visa because i have establish UK life my wife is british & i have child as well.

guys can you please help me with your good advice what i have to do in your suggestion

[zimba]

Might be able to apply under FLR(FP) until your conviction is spent

[Obie]

OP does not appear to meet the suitability requirement, and will likely be refused if he applies under Appendix FM(SE) or 276ADE.

I believe 276(A2) is the only basis on which OP may qualify. I believe that is FLR(LR). Until the conviction is spent.

[wayne_321]

@ obie
i didn't understand what you mean ? can you please explain in normal term secondly can i apply discretionary leave as been told by solicitor this is the way you can apply with all supporting documents

[Obie]

Well i do not agree with your lawyer, as discretionary leave is no longer in existence.

[wayne_321]

@ obie
thanks, so what will you advice me what case do i have to apply .

[Obie]

I have set out my views on the law, in my above post. Did the conviction lead to a Prison sentence?

[wayne_321]

no it was suspended imprisonment for 12 months.

[Obie]

Are you sure you lawyer is correct that the rehabilitation period for a suspended sentence of 12 months is 24 months. My understanding is that it is much longer.

Actually it is correct. It is not treated as a sentence served.

[wayne_321]

https://www.gov.uk/government/uploads/s ... -4-v28.pdf

page no 5 322 (1C)

322 (1C) The applicant is seeking indefinite leave to
remain and:
 they have been convicted of an offence
for which they have been sentenced to
imprisonment for at least 4 years
 they have been convicted of an offence
for which they have been sentenced to
imprisonment for at least 12 months but
less than 4 years, unless a period of 15
years has passed since the end of the
sentence
 they have been convicted of an offence
for which they have been sentenced to
imprisonment for less than 12 months,
unless a period of 7 years has passed
since the end of the sentence
 they have, within the 24 months
preceding the date of the application,
been convicted of or admitted an offence
for which they have received a noncustodial
sentence or other out of court
disposal that is recorded on their
criminal record

[Obie]

S-LTR.1.6. The presence of the applicant in the UK is not conducive to the public good because their conduct (including convictions which do not fall within paragraphs S-LTR.1.3. to 1.5.), character, associations, or other reasons, make it undesirable to allow them to remain in the UK.

My concern is, you will not meet the above criteria if you apply under family life procedure.

[wayne_321]

so again sir what do i do now ???

[Obie]

I don't want to create a friction with you and your lawyer, just not convinced that an application under Family life may not succeed. Perhaps FLR under Long residence will. You may need to provide evidence of rehabilitation, which may allow discretion to be exercised. It will also depend on nature of the offence and the view taken .

[zimba]

I agree the nature of offence is important here for any discretion

[wayne_321]

morning guys
thanks again obie...as i didn't finalize my solicitor you can feel free to give me advice.
@ zimba88 it was criminal offence

[Obie]

I think my colleague may be aware that it was a criminal offense. In the UK one only gets a suspended prison term as part of a criminal sentence.

I don't think he is particularly curious to know what it was for. He was merely making the point that the nature of it may be relevant in the UKVI exercising their discretion.

For example a crime of shop lifting or minor motor offense, even though both may have resulted in a suspended sentence, may attract different attention by the UKVI.

So it is a question that one cannot deal with , with absolute confidence.

On the one hand, it is a credit that a judge suspended your sentence, which could be down to the fact that it is a first offense, you were previously of good character, have dependants, provide financial support to family.

However UKVI tends to view offense as opposed to mitigation.

Are you residing as student or worker under the Point based system?

[wayne_321]

@ obie

are you solicitor ? can i just ask to contact you privately?
thanks