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ILR with criminal convictions

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Brokenlegs
Newly Registered
Posts: 11
Joined: Tue Feb 25, 2014 1:48 pm

ILR with criminal convictions

Post by Brokenlegs » Mon Sep 05, 2016 3:58 pm

Hello All,

I have couple of questions to ask you to see if my ILR application will be successful or not based on the below reasons.

1. I have committed a drink drive offence which was in May 2010 where I was disqualified for 18months period and fine £400.
2. In 2011 I have applied for HSMP visa, however I didn’t enclose the above offence in my application. Hence my application was refused.
3. Back in Jan 2012 I then applied for Tier 2 General, stating the reason for not enclosing under “deception”. Home Office accepted my reason and granted me visa under Tier 2 General.

Kindly let me know if I can make a successful ILR (10 years route) application?

Purdamit
Junior Member
Posts: 70
Joined: Thu Aug 18, 2016 11:41 am

Re: ILR with criminal convictions

Post by Purdamit » Wed Sep 07, 2016 10:22 am

Brokenlegs wrote:Hello All,

I have couple of questions to ask you to see if my ILR application will be successful or not based on the below reasons.

1. I have committed a drink drive offence which was in May 2010 where I was disqualified for 18months period and fine £400.
2. In 2011 I have applied for HSMP visa, however I didn’t enclose the above offence in my application. Hence my application was refused.
3. Back in Jan 2012 I then applied for Tier 2 General, stating the reason for not enclosing under “deception”. Home Office accepted my reason and granted me visa under Tier 2 General.

Kindly let me know if I can make a successful ILR (10 years route) application?
can you please explain your case completely and also on what visa you are on since the start and what visas did you apply and when the visa was granted or refused. based on the completely case some one will be able to guide you

advice2016
Newly Registered
Posts: 8
Joined: Mon Aug 29, 2016 10:56 am

Re: ILR with criminal convictions

Post by advice2016 » Wed Sep 07, 2016 12:25 pm

Hi there,

I am currently on my second ancestry visa. January 2017 will be both 10 years option for me as well as 5 years completed on ancestry. I first entered the UK January 2007. In 2013 I was given a simple caution and in January 2015 a court fine.

January 2017 will be 24 months with no convictions. Will I be able to make a successful ILR application next January and more importantly will I be able to make a successful citizenship application the following year?

Thanks,

ouflak1
Senior Member
Posts: 952
Joined: Mon Jul 06, 2009 12:59 pm

Re: ILR with criminal convictions

Post by ouflak1 » Wed Sep 07, 2016 12:49 pm

I think for ILR you will be fine. But for citizenship you may have a longer wait. Be prepared to be on ILR for a good many years, and stay out of trouble.

Just curious, was the caution and later court fine for different types of incidents? The Home Office can get very picky for what they may deem to be a 'pattern', even for minor offenses.

advice2016
Newly Registered
Posts: 8
Joined: Mon Aug 29, 2016 10:56 am

Re: ILR with criminal convictions

Post by advice2016 » Fri Sep 09, 2016 7:29 am

ouflak1 wrote:I think for ILR you will be fine. But for citizenship you may have a longer wait. Be prepared to be on ILR for a good many years, and stay out of trouble.

Just curious, was the caution and later court fine for different types of incidents? The Home Office can get very picky for what they may deem to be a 'pattern', even for minor offenses.
Hi there,

Thank you so much for getting back to me. I have been extremely worried about making an unsuccessful ILR application as I have read this can be damaging in the long term.
I understand the longer wait completely, one of the admin's referred to immigration as a journey and it made a lot of sense, as long as it can be achieved one day. The court fine was an extreme wake up call, I do sincerely plan to stay out of trouble.

Unfortunately, they were both for similar offenses. Which is what worries me. I think my only saving grace, if at all, would be that they were regressive in a sense. The caution was for possession of a Class A drug while the fine was for possession of a Class B drug - cannabis. It is the possibility of a pattern, and as you mention - the discretion of the HO which concerns me. Would this affect me for ILR in the first case and would I never be able to apply for citizenship with the above?

Many thanks,

ouflak1
Senior Member
Posts: 952
Joined: Mon Jul 06, 2009 12:59 pm

Re: ILR with criminal convictions

Post by ouflak1 » Tue Sep 13, 2016 11:56 am

advice2016 wrote:
ouflak1 wrote:
Unfortunately, they were both for similar offenses. Which is what worries me. I think my only saving grace, if at all, would be that they were regressive in a sense. The caution was for possession of a Class A drug while the fine was for possession of a Class B drug - cannabis. It is the possibility of a pattern, and as you mention - the discretion of the HO which concerns me. Would this affect me for ILR in the first case and would I never be able to apply for citizenship with the above?

Many thanks,
You will just have to sweat this one out I'm afraid. Two incidents seems a bit low for a 'pattern', but they are relatively recent. Not much more to do than see how the HO responds. If you are able to eventually get ILR, and these are the last such incidents to occur, I'd say citizenship will be possible after a few year have passed.

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