Ilr application and DR10 conviction

[oishola77778]

Hello All,

Please I need urgent advise as I am due to submit my ILR Application.

I originally had my FLRM application refused in 2008 and was granted 3years discretionary leave after appeal through tribunal.

I applied for extension in 2012 and was granted a further 3 years discretionary leave which will expire in May 2016 and I plan to submit a premium same day application.

Based on when my appeal was allowed my ILR application can
Be submitted now.

The problem I have is in December 2014 I fell on the wrong side of law - stupidly got in my car after a Christmas do at work - bad news got a DR10 conviction in January 2015 with a driving disqualification and fine ( fully paid).

I need all the advise I can get as to how to proceed - can I still apply for ILR or do I need to extend my visa FLRO and will my application still qualify for transitional consideration ( I am married to a British Citizen and we have 5 kids together - all British citizens)

Guys, due to urgency - quick guidance and advise will be very much appreciated.

I have done a rehabilitation course - work as a project manager and my wife is a doctor.

[oishola77778]

Hello All,

I need urgent guidance on my case.

I was granted 3 years discretionary leave to remain 05.05.2010

2nd grant was issued on 6.6.2013 and due to expire 6.6.2016.

Discretionary leave was originally granted based on Article 8 - spouse of British Citizen and with 5 kids (all British)

The problem is I have a drink drive conviction 24.2.2015 which I am going to declare on my application, according to UKVI mandatory grounds for refusal for indefinite leave to remain application, you must not have a non-custodial or accept a criminal conviction that is recorded on your criminal record 24 months prior to application of indefinite leave to remain.

My question now is can I still submit application for the indefinite leave to remain - Set (O) or should I submit an application for extension of discretionary leave to remain - FLR(O).

I am planning to schedule a premium appointment but need urgent advise on which way to proceed - I spoke to UKVI general enquiry but they said it should be fine and depend on case worker, but the mandatory refusal wording is a cause of my fear - I have suffered a lot as a spouse of a British Citizen which was meant to have settled after 2 years now spent 6 years and do not know what to do.

Please I need urgent advise from experience members here, I need to schedule an appointment.

Thanks in advance.

[ohara]

UKVI 'helpline' is notorious for giving out wrong information.

If the guidance says you cannot have any convictions for the 2 years before your application, then you should follow it. Drink driving is a serious criminal conviction.

Ultimately the decision is yours though. It's a gamble at £1875 and UKVI won't be held responsible for wrong advice they have given you on the phone.