ILR & domestic assault criminal conviction

[mind_blowing]

Hi guys

i am on Tier 1 visa at the moment. i will be eligible for ILR in May 2013. unfortunately i was convicted for domestic violence on 26th August 2009 with my wife and was fined 300 pounds by court. after that we are living a happy life together. According to current ROA, it will be spent on 25 August 2014. i entered UK on 11th May 2008.

i know about new ROA ammendments, if those ammendments will be inforced in April 2013, then my conviction will be spent according to new rehab period for fines. but it also mentioned that no rehabs for immigrations decisions and UKBA will set its own criteria for visa applications. i just wanna know what is the severity of this conviction. whether CW will consider it as a bar still even if it is been spent or it could be ignored plz? anyone who is in similar situation or passed through this issue plz?

[asim72]

I tried to explained in another thread.

http://immigrationboards.com/viewtopic.php?t=110931

[mind_blowing]

hi Asim

thank you very much for reply. means it depends upon the case worker discretion? what you suggest best for me plz? whether i should go for etn or may apply for ILR if the new rules apply?

[wpilr_nov12]

hi Asim

thank you very much for reply. means it depends upon the case worker discretion? what you suggest best for me plz? whether i should go for etn or may apply for ILR if the new rules apply?

I don't think it would be wise to plan your strategy based on something you don't know the scope/size/form or shape of. But Asim72 may have something else to add.

[asim72]

hi Asim

thank you very much for reply. means it depends upon the case worker discretion? what you suggest best for me plz? whether i should go for etn or may apply for ILR if the new rules apply?

Where does any posts, including my posts, in the thread I mentioned imply that it is caseworkers discretion?

I suggest you read that thread a few times. You may want to give a little attention to my posts there.

[mind_blowing]

Dear Asim

if anyone come this forum, obviously he is looking fora piece of advice from some more informed person. i am naive on this platform so dont ve much information about immigration matters. i think this forum is to help and educate people not to humiliate them. if you know something and share your knowledge to people, then you will be rewarded for it by LORD not by people.

i have read your thread where you clearly menion that HO may set its own rules, and it may vary case to case depending upon severity of an offence. HO may or may not exercise a discretion for any person whether to grant visa or not.

if a person could n't understand fully what you mention (just because of his ignorance), then you should explain politely not in the way you posted earlier. it is only because you are offering that at your own, without any pressure. hope you get my point. Applogise if iam wrong

Cheers

[asim72]

Drafting a policy about something is not called "case by case " basis.

If they make a policy to disregard a certain type of offence after 3 years, and certain other type of offence after 5 years, and all applicants are dealt with in this manner, then this is not called a "case by case" basis.

For example under 10 years residence application, UKBA will disregard upto 10 days of overstay during 10 years period. This is a rule/policy/guidance and it is for all applicants. It wont be called "case by case" basis.