ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

How long to wait for before I can apply for ILR base on my conviction

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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

Locked
tundeking22
Newly Registered
Posts: 2
Joined: Thu Mar 21, 2019 12:30 pm
United Kingdom

How long to wait for before I can apply for ILR base on my conviction

Post by tundeking22 » Mon Dec 16, 2019 3:36 pm

Hello everyone here, please I want be clarified with my situation on my immigration status, I was conviction in February 2014 for 8month for the offence I committed in December 2013 and i spent 4month, now I have a spouse visa with my British partner for the second time which will run out December 2020 and I was told by a lawyer that I have to wait for 7years before I can't apply for ILR base on my custody conviction which is 8month. I want to know now if my 7years count from the time of the offence or when I was been sentence because I am confuse on it.in my own thought I was thinking the 7years period will be completed by next year base on when the offence time but I want to be sure about it if I can apply for my ILR next year. I will like to get a good clarification on it.thank

lhrflyer
Newly Registered
Posts: 20
Joined: Mon Aug 26, 2019 8:16 pm
England

Re: How long to wait for before I can apply for ILR base on my conviction

Post by lhrflyer » Mon Dec 16, 2019 3:45 pm

General Grounds for Refusal 322 (1c) "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"

User avatar
Casa
Moderator
Posts: 25753
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: How long to wait for before I can apply for ILR base on my conviction

Post by Casa » Mon Dec 16, 2019 3:50 pm

tundeking22 wrote:
Mon Dec 16, 2019 3:36 pm
Hello everyone here, please I want be clarified with my situation on my immigration status, I was conviction in February 2014 for 8month for the offence I committed in December 2013 and i spent 4month, now I have a spouse visa with my British partner for the second time which will run out December 2020 and I was told by a lawyer that I have to wait for 7years before I can't apply for ILR base on my custody conviction which is 8month. I want to know now if my 7years count from the time of the offence or when I was been sentence because I am confuse on it.in my own thought I was thinking the 7years period will be completed by next year base on when the offence time but I want to be sure about it if I can apply for my ILR next year. I will like to get a good clarification on it.thank
See below from the UK Immigration Rules:
You must refuse an application for indefinite leave to remain if an applicant was convicted of
an offence and sentenced to less than 12 months imprisonment. See related links for
paragraphs 322(1C)(iii) and S-ILR1.5 in Appendix FM of the Immigration Rules. This is
unless a period of seven years has passed since the end of the sentence.

You must take the end of sentence to mean the entire sentence imposed, not just the time a
person spent in prison. For instance, an applicant who is sentenced to nine months
imprisonment on 1 January 2013 will not be granted settlement until 1 January 2020 (seven
years added to the end of the nine month sentence imposed).


https://assets.publishing.service.gov.u ... .0-EXT.PDF
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Locked