ILR requirements??? / ILR and criminal convictions

calebobo · Post by **calebobo** » Sun Oct 16, 2011 3:31 pm

Hello again guys!

Need your help 1 more times please
I was an overstayed then a failed asylum seeker currently on a spouse visa due to expire early 2013 however I want to start preparations towards getting my ILR and I need to know what is required and what will make my application stronger! Also considering the same day service ( premium service )

My history is on the link below, please read and post what I will require to complete my application fully without and rejections

http://www.immigrationboards.com/viewto ... highlight=

Many Thanks again

Post by **geriatrix** » Sun Oct 16, 2011 4:07 pm

Settlement (287(a)).
KOL or ESOL course in English with citizenship required.

Your previous immigration history (time in UK before being granted spouse / settlement visa) should be irrelevant to your eligibility for settlement as a spouse of a British citizen / settled person.

calebobo · Post by **calebobo** » Sun Oct 16, 2011 5:11 pm

Before we applied for the spouse visa, I did an English test for partners cuz that was one of the requirements for the visa application, is that the same English test u've mentioned above or is this a new requirement for settlement?? Thanks

Post by **geriatrix** » Sun Oct 16, 2011 5:14 pm

calebobo wrote:is that the same English test u've mentioned above

No.

calebobo · Post by **calebobo** » Sun Oct 16, 2011 5:23 pm

Thanks for u help
Am very fluent in English, I bet this means I will just have to take and pass the the life in the uk test and that will be the it really?

I also believe I will hv to wait to apply after the 24 months period in the uk?

calebobo · Post by **calebobo** » Sun Oct 16, 2011 5:39 pm

this is one of the eligibility requirement on the ukba website

you do not have any unspent convictions within the meaning of the Rehabilitation of Offenders Act 1974;

but i do have a criminal conviction as per my previous posts, i served a 3 month prision sentence out a 6 month conviction for possession of a false id document (which is what i used to seek employment ) when i was arrested as an overstayer back in 2008.

will this affect my application for ILR?

Post by **geriatrix** » Sun Oct 16, 2011 7:05 pm

It may .. depending on the rehabilitation period. If the rehabilitation period is 5 years, then it will become spent in 2013 (5 years from date of conviction).

Consult a solicitor to know the rehabilitation period with regards to your conviction.

calebobo · Post by **calebobo** » Sun Oct 16, 2011 7:18 pm

its 10 years because though i served 3 it was a 6 month sentence

is there a history of them refusing applications based on that?

surely they wont refuse me and ask me to go back to my home country and leave my wife and 2 children behind in the uk?

plus my conviction and sentence was all related to my immigration history.

Post by **geriatrix** » Sun Oct 16, 2011 7:37 pm

You may continue to extend your stay as spouse of a British citizen / settled person until the conviction becomes spent. Under current rules, there is no restriction on the number of times you apply for extension of leave.

Conviction for offence(s) and immigration history are two different matters, though they may be or seem related.

And if you do not meet the specified requirement(s) on the day of the settlement application, you'll not be granted settlement.

calebobo · Post by **calebobo** » Sun Oct 16, 2011 8:18 pm

That will mean tho that I can't apply for settlement until 2018, what I don't get tho is, they were aware of my convictions but granted me a spouse visa to return back to the uk with my wife.

As any1 here got an experience of ILR as a spouse and criminal convictions??

Thanks

Post by **geriatrix** » Sun Oct 16, 2011 10:52 pm

calebobo wrote:what I don't get tho is, they were aware of my convictions but granted me a spouse visa to return back to the uk with my wife.

Simple! UKBA cannot refuse an application on the basis of a rule that doesn't apply to the category one is applying under.
Criminality threshold is a requirement for settlement (287a(vii)) but not for entry clearance (281) or extension of stay (284) as spouse of a settled person / British citizen.

calebobo · Post by **calebobo** » Sun Oct 16, 2011 11:37 pm

I have read all of what u posted from the ukba website and it makes perfect sense that they can refuse my ILR application but not a case of hear say, I hv a close friend who served in prison with me for exactly the same conviction but he was given a 3 month sentence and served 1 and a half month in prison but his crime won't be spent unless 2013 anyway since he was in prision with me in feb 2008 but yet about 6 months ago he's been granted asylum and been given ILR.

My point is he had an unspent criminal conviction but has been granted ILR, is there different immigration laws for asylum and for spouses??

calebobo · Post by **calebobo** » Mon Oct 17, 2011 1:22 am

I think I got it worked out

According to this, my conviction will be spent in 7 years not 10.

http://www.direct.gov.uk/en/CrimeJustic ... /DG_199794

This means my conviction will be spent in 2015 and since the initial extension of a spouse visa is 2 years, gives me just the enough time for my conviction to be spent come feb 2015.

So when can I submit my application for the extension of my spouse visa, the 24 month mark is feb 2013 but the actual visa expires may 2013. Do I wait till may or can I submit my extension in feb?

Any info on how to go about the application, a link maybe on the forms to use and should I come clean why am applying for the extension or can I just say I do not meet the requirement for settlement yet hence why my application for an extension?

Post by **geriatrix** » Mon Oct 17, 2011 1:39 am

calebobo wrote:So when can I submit my application for the extension of my spouse visa, the 24 month mark is feb 2013 but the actual visa expires may 2013. Do I wait till may or can I submit my extension in feb?

You can submit an application for leave to remain (extension) until 23:59:59 hours on the day your current leave is due to expire.

calebobo wrote:Any info on how to go about the application, a link maybe on the forms to use and should I come clean why am applying for the extension or can I just say I do not meet the requirement for settlement yet hence why my application for an extension?

To apply for settlement is your choice, not a compulsion. When one does not meet the requirements for settlement but wishes to remain in the UK, one may apply for leave to remain as is normally done. No justification required as to why settlement application is not being submitted instead!

The link to where you'll find the form (and other relevant information) has already been provided in my first response in the topic.

calebobo · Post by **calebobo** » Mon Oct 17, 2011 1:46 am

Nice 1 .. Thanks for that mate

calebobo · Post by **calebobo** » Tue Oct 18, 2011 11:29 am

Hi again, I hv looked but can't seem to find the specific form needed for this extension, the only only is the set (m) but for applicants applying for ILR but hvnt done the who 2yr probationary period yet, can I please get the specific link to the form or what's it's called for just extending my spouse visa please? Thanks

Also with the extension will I automatically be given another 2 years or will I hv to request how long am looking to extend my visa for?

Many thanks

Post by **geriatrix** » Tue Oct 18, 2011 12:27 pm

sushdmehta wrote:Settlement (287(a)).

Click on "settlement" and then click on "Applying from inside the UK" from the menu on the left hand side of the page!

calebobo · Post by **calebobo** » Tue Oct 18, 2011 1:05 pm

Thanks a lot! U r a star
So will I get an automatic 2yrs then or will I hv to request how long I want on the extension?

Post by **geriatrix** » Tue Oct 18, 2011 5:01 pm

calebobo · Post by **calebobo** » Tue Oct 18, 2011 6:48 pm

Lol thanks mate

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ILR requirements??? / ILR and criminal convictions

ILR requirements??? / ILR and criminal convictions

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