Hi ,
I have been living in the UK for over ten years now and my son which is 8 years old is a British citizen. My leave to remain in the UK will expire April 2022. I have a motoring conviction from 2016 where I was given ten points and fined for drunk in charge of a vehicle. Instead of extending my leave to remain so I could wait till my conviction become spent, I'm thinking of applying for my ILR since I have been living in the UK lawfully for 10 years.
Can you please advise if the drunk in charge offence that will be spent next May will affect my ILR application that I'm planning to make this year ? I'm also thinking of using the priority service due to work reasons. I have checked the rules for the grounds for refusal but it's not really clear and not explicitly stated that ILR application will be denied if DR40 conviction is not spent. I think the decision will be at the discretion of the caseworker. I haven't had any offence since then.
Can you advise me please ? Will my ILR application be refused due to the DR40 offence? I will appreciate your swift response. I just want to know if anyone with a similar case has been successful with their ILR application.
I have heard that the HO usually consider convictions that are spent for naturalisation/British citizenship application. Since ILR is different for British Citizenship, I'm not sure if they usually refuse ILR application based on unspent convictions. Thanks for the good work. This site has been very useful. I wish I wouldn't have to bother you but I couldn't find a similar case. Thanks
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