Urgent help ILR will likely fail.

[GlassEye]

Hi please help.
I am in a desperate situation. I applied for set m ilr back in Oct 2020 (biometric 22nd). Unfortunately I mad a huge error which just came to light. Back in 2019(dec) I was questioned by the police over an item I purchased from aliexpress. At the time I was unwell with a kidney infection and didn't realise they gave me a simple caution. In the meantime I ticked No to receiving any caution /warning on my ilr applucation. Upon researching for citizenship step I realised I should apply for my police record to see what it states - a month later (this week) it arrived. I feel sick to my stomach at seeing I was indeed given a simple caution.

My reading of the gov sites states a mandatory refusal of ilr for a simple caution - plus given that I ticked No to caution/warning, I fear I will be hit with a refusal on deception grounds.

If I cancel this application for ilr, could I apply for a second flr(m) visa?

I need to act quickly as my brp runs out on 15 March.

Please please help

[zimba]

Simple caution will lead to a refusal within 24 months. I suggest writing to UKVI, explaining that you missed putting the information on the form. If SET(M) fails, the caseworker often offers an extension but under the 10-year route.

[vinny]

Vary your leave to FLR(M)? Explain that you had just received information that you had a simple caution.

Note that for applications from 1 Dec 2020, there were changes in the Criminal thresholds.

[GlassEye]

Thank you Zimba and Vinny for your help.

I have managed to secure a consultation with an immigration lawyer for tomorrow morning.

So to change to flr(m) I need to withdraw this ILR application and apply for a FLR (m) giving me 30 months - expensive path having health surcharge and paying for 10 day result and losing the ilr application fee. This would make my time in UK 5+2.5 years, it would take me past the 24month limit of having the caution. Thus I could apply for ILR in early 2022.... Or would I have to wait for the brp issued for this additional flr(m) to expire before applying for ilr again?


Oh a quandy to be sure.

[vinny]

Vary. Not withdraw.

In the new criminality thresholds, there seems to be two options: must refuse or may refuse. There doesn’t seem to be waiting periods for ILR anymore.

After a grant of FLR(M), I think you may be able to apply for SET(M) straight away, as they are probably unlikely to refuse due to a simple caution.

[GlassEye]

Thank you for your speedy response Vinny. To say this is making us ill and stressed is an understatement.

How and where do I vary my ilr application to flr(m)? I can only find where to withdraw ilr on gov site.
So I pay all fees and surcharges plus rapid result, add a cover letter also? Then if granted, apply for ilr soon?

[zimba]

Apply for FLR(M) as usual. This will be considered the variation of the previous application

[vinny]

When you apply online, it asks

Do you currently have an application with the Home Office for leave to remain for which you have not yet received a decision?

Answer Yes.

If you have submitted any other applications to the Home Office which have not yet been decided then submitting this application varies those previous applications. This means that only this application, which you are now completing, will now be considered.

[GlassEye]

Oh Zimba and Vinny you are both truly lifesavers. We are in floods of tears right now - relief at there being a way out of this mess. Trying to get back to Australia with my UK born spouse is a nightmare with covid and closed borders...

So to clarify steps we need to take-
-we vary current ilr to flr(m)
-Can we ask for 6month flr?
-add a cover letter explaining original ilr error not disclosing simple caution
-once flr granted, re apply for ilr almost immediately?
-if that ilr is accepted we would need to wait till after Dec 2021 (given that caution was dated Dec 2019) to apply for citizenship - that has 2year limit for caution as I understand

Has the new criminality threshold of Dec 2020 altered wording on the ilr application form?

Again our sincere thanks to you both.
I shall keep this updated as we take further steps. It might be of help to others out there.

[GlassEye]

I am filling in the flr form in preparation for sending off tomorrow after getting it checked by an immigration lawyer. However I am now pulling out my hair over the questions asked regarding my spouses daughter who is an adult of 33 years.

The section is "non applying children". Obviously she is not applying ( British born). The questions require her passport details and other such info including her birth fathers involvement - even proof of his address eg utility bill. They even ask for her overseas travel history. (6wks in USA 8yrs ago) .... The application is titled Family Route.
Any guidance on this is needed.... Do we really have to supply this info for our 33year old daughter?

[zimba]

'Children' here refers ONLY to those under the age of 18 as per Appendix FM

[GlassEye]

oops this is a face-palm moment for me!
Thank you Zimba.

[poper]

FLR(M) is issued for 2.5 years. I don't think you could do 6 months

[vinny]

After a grant of FLR(M), I think you may be able to apply for SET(M) straight away, as they are probably unlikely to refuse due to a simple caution.

Opps. Please ignore the above.

Simple caution will lead to a refusal within 24 months.

is correct.

The new criminality grounds do not apply to applicants under Appendix FM, except 9.4.5.

S-ILR.1.6.

The applicant has, within the 24 months prior to the date on which the application is decided, been convicted of or admitted an offence for which they received a non-custodial sentence or other out of court disposal that is recorded on their criminal record.

still applies. It makes an ILR application likely to fail.

[GlassEye]

Hi
Thank you for the clarification.
So the stage I am at now is that I varied my ILR application to a Flr and have secured a biometric appointment for March 10 which puts me 5 days before my current brp expires.

I shall endeavour to seek a solicitor's advice to get the caution removed from my record also in the event it will be a detriment to my future - all I did was purchase an item from aliexpress.

Finally if the caution stands against me as it does now, under the new criminality grounds - 2 years need to elapse before I can apply for Ilr, (Dec 2019 to Dec 2021), so applying for ilr in early 2022 would be my aim. As such if this flr is successful (should know in 8 or 9 weeks according to time line), potentially it will be granted for 2.5yrs. Given I have been in UK 5ys3mnth already, is it possible to apply for ilr part way through my flr period? Or would that be deemed as an early application and thus will have to wait the full 2.5yrs applying for ilr.

Thank you all for your help.

[vinny]

You may apply for ILR as soon as you have satisfied all the requirements for ILR, including Section S-ILR: Suitability for indefinite leave to remain, etc.

There’s no requirement to wait longer. It’s possible to apply for ILR part way through your FLR period.

[GlassEye]

Oh Vinny sincerely thank you so much for your help.