Applying for ILR after having FLR

[FDEE]

Hi

Back in March 2013 my husband applied for ILR after the 2 year period, but due to him being convicted for drink driving in January 2013 (he was fined and banned for a year) he was given further leave to remain.

This expires in May 2016 so he will therefore be applying for ILR - he also would have been in the country for 11 years.

Can you advise what the financial requirements are? I believe when he applied last time we didn't have to prove it as such. However we were both working full-time. I am currently on maternity leave - due to return to work in May and my husband isn't currently working.

Also, he will declare his conviction on the form but has that conviction now been "spent"?

I assume the form will be SET(M) again?

Look forward to someone clarifying those points for me.

[Wanderer]

I don't think a drink drink offence becomes spent until after five years so I would imagine he could apply for ILR in May 2018, extending via FLR until then on 2.5 year periods.

For the extension you need to be earning £18,600 jointly for the last six months, and pay the IHS surchage.

[FDEE]

Thanks for your reply.

Are you one of the moderators?

What's an IHS Surcharge?

[Wanderer]

Thanks for your reply.

Are you one of the moderators?

What's an IHS Surcharge?

No. Why?

NHS surcharge, all those on LTR and extending have to pay it now, varies from £5-600 per year, to pay for use of the NHS.

[Casa]

Don't be under the misconception that Moderators necessarily know more than other members. Wanderer is referring the the NHS Surcharge of £500 paybable for FLR(M).
If your husband's initial spouse visa application was submitted before 9th July 2012, he should be under 'adequate' maintenance and not the minimum annual income level of £18,600.

[FDEE]

Thanks Casa.

I'm not under any misconception but I'm sure like most people on here it's extra comfort when a response from a moderator is given.

Casa - can you advise if my husband can apply for ILR or not due to his conviction not being spent as per Wanderer's response?

I'm sure I read the 'spent' times are being changed - do you know if this is true?

Thanks

[Casa]

I concur with Wanderer that a drink driving conviction becomes spent after 5 years.

[Wanderer]

I concur with Wanderer that a drink driving conviction becomes spent after 5 years.

Actually reading the DVLA web page it say any driving driving 'DR' offence stays on your licence as an endorsement for 11 years, dunno how that ties in with 'spent'. I understood they were the same.

More reseach needed but Im supposed to be doing my accounts!

[Wanderer]

Found this;

A driving conviction will be spent under the Rehabilition of Offenders Act after 5 years if you received a fine but will remain on your licence for 11 years. The conviction will be recorded by the Criminal Records Bureau.

[Casa]

After 8795 posts over a period of 11 years on the forum, Wanderer must be credited for getting a fair percentage right. 5 years it is.

[Wanderer]

After 8795 posts over a period of 11 years on the forum, Wanderer must be credited for getting a fair percentage right. 5 years it is.

Cheers!

Question is does that mean an ILR refusal? I'm reading posts on this board from Amber about this that the period my be two years as the concept of spent does apply to immigration applications, suggest the OP waits for her or others with more detailed knowledge on this facet.

[Casa]

@Wanderer Good point. Looking into it further the new criminality guidance 2012 doesn't permit settlement for anyone who has been convicted of or committed an offence with the 24 months prior to the date of submitting the application, for which they've received a non-custodial sentence.
This looks hopeful for the OP's husband.

[FDEE]

Thanks wanderer and casa.

Will appreciate anyone else's knowledge on this.

Thanks

[FDEE]

Does the life in the UK test have to be done again??

Also does anyone have any additional knowledge on my previous posts.

Thanks

[Casa]

Does the life in the UK test have to be done again??

Also does anyone have any additional knowledge on my previous posts.

Thanks

No, it has no expiry date.