ILR refusal under Tier 1 general - Urgent advice

[Blue2017]

Hello senior members ,

Need urgent advice on ILR refusal through Tier 1 general 5 year route. I have completed 5 years on tier 1 general in February 2017 and applied for ILR. My documentation is pretty straight forward. I have gained 80 points too but unfortunately i was convicted in Jan 2016 for domestic violence for which i had CPO. The conviction is unspent and it will be spent in January 2018. ILR refused on general grounds. I have given option for AR. What are my options and how i can defend myself for this one off conviction.

Please urgent reply as do not have time to file AR.

Thanks

[Blue2017]

Anybody here to reply atleast?

[aliq09]

As per my opinion , do you current employer have an option to put you on work visa . I think , you can't over turn this decision . Going on TIER2 is your only option in my humble opinion .

[Blue2017]

Hi Aliq9

Thank you for your reply.

My employer doesnot sponsor visa. I have been here in this country from 12 years and it was not an easy journey. Now i fulfill all requirement but this conviction is making the case complicated. Can i not request for AR?

[sm12]

Sorry to hear about the decision.

You can apply for AR but I don't think they will overturn the decision since you have an unspent conviction. While AR is being processed, approach lawyers to work out other options.

[Blue2017]

Do home office not consider exceptional circumstances and grant ILR as i have 3 year old son here in UK and also my family members too. This is also a one off conviction.

It AR is not overturned i have option for JR but can you confirm if i go for JR what status would i be on same as tier 1 general?

[sm12]

Judicial Reviews are not covered by the immigration rules. This means that if your AR is refused, you will become an overstayer and will remain an overstayer until and unless your refusal is overturned in the JR.

Has your existing leave expired?

I know that there is such a thing as discretionary leave for exceptional circumstances, but I don't know if it will apply here as this is not really a human rights case.

You can read about it: https://www.gov.uk/government/uploads/s ... __v7_0.pdf

Third part weblink removed

[Blue2017]

Yes my current leave has already been expired back in February this year. i had no other option than to apply for ILR and also can home office not exercise their discretionary in these kinda cases?

[usama77]

You have to wait 24 month after conviction before ilr application.

[bilumoka]

Hi Blue2017,

Have you thought of applying for another tier 1 general extension?

You may be able to apply for an extension even though you have an unspent conviction.

If you get an extension, by the time it is due to expire, your conviction would have been spent.

[Casa]

Hi Blue2017,

Have you thought of applying for another tier 1 general extension?

You may be able to apply for an extension even though you have an unspent conviction.

If you get an extension, by the time it is due to expire, your conviction would have been spent.

The Rules have changed and it is no longer possible to extend a Tier 1 General visa

[rooney0511]

Hi Aliq9

Thank you for your reply.

My employer doesnot sponsor visa. I have been here in this country from 12 years and it was not an easy journey. Now i fulfill all requirement but this conviction is making the case complicated. Can i not request for AR?

If you have completed 12 years in this country, why didn't you apply on the basis of long residency, which should have given you a right of appeal and would also have protected you under Section 3C.

If i were you after the AR, i will go for a JR and also apply for Set(LR) within 14 days of your AR.

There are good chances that they would accept to give you some kind of leave in your JR.

[Blue2017]

Do you mean JR or AR? My understanding you mean to stay if AR refused too then go for JR and meanwhile apply LR? What is the procedure for that?

An Administrative Review is only an option if the Case Worker has made an error in refusing the application, which doesn't appear to be relevant in this case.

[Blue2017]

And also i do have 11 months Gap in long residency as i went back to Pakistan. I had valid visa when i left UK and returned on same visa.

[CR001]

And also i do have 11 months Gap in long residency as i went back to Pakistan. I had valid visa when i left UK and returned on same visa.

No, this long absence is a break in your continuity of residence for 10 years long residence ILR regardless of the validity of your visas.

[Blue2017]

Oh yes that's why i had no other option. Any advice on how to owe some time so i can get ILR approved?

[CR001]

Oh yes that's why i had no other option. Any advice on how to owe some time so i can get ILR approved?

If you have no valid visa, then you don't really have any options from what I can see.