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ILR refusal please help need advice

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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mahaveer_shah
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Posts: 4
Joined: Wed Dec 16, 2009 10:42 pm

ILR refusal please help need advice

Post by mahaveer_shah » Mon Mar 15, 2010 8:23 pm

I applied for ILR with my wife & 2 kids who are over 18 under HSMP Judicial Review, I got refusal for ILR as I had a police case against me which stated assault on a member of public who was drunk & chucked out of a night club had to manage him while I was working in a security firm, My leg was touch to this head while I was handling him & police came at the same time & said I should not have done that. I had to go to court & plea guilty & then I got 1 year conditional discharge ( That means if I do any thing within that time period I will be jailed + charged for anything I do) + on top I have got 8 points on my driving licence that is another conviction I have on my record.

I declared everything when I made an application to home office but they called saying its going to be refused as I have assaulted a member of public and have given me an option for refusal or withdrawal. I am confused as I have finished almost 5 years in the UK and extension is due in 5th May 2010.


Should we extend our HSMP JR visa in this case & is it possible to do so? Or should we take refusal & go for a JR as I would not get right to appeal against the decision. If I withdraw the decision and make an application for HSMP extension under judicial review will I get it as in this case they should not strongly look for my conviction as they looked in ILR application? I am really concern about my kid’s future why do they suffer because of me.

My immigration advisor has sent a request to HO that we want to withdrawal the file so we should be getting our passport & documents back soon,My advisor thinks that we can Re-apply for our visa extension even though we have lived here for 5yrs under HSMP JR (old rules) instead of applying for ILR as they would not strongly look for conviction as they looked in ILR application?

What I don`t understand is if they refuse our ILR on basis of police record & conditional discharge, So on what basis we will get visa extension :(

Plus he is not even sure whether we can apply for Visa extension or not he is just saying to keep us happy, I really don`t know what to do. I am not happy at all with what he says its just waste of money,time & stress we have to go through if I listen to him.

What do you think guys I should do ? Suggestion and advice is more then welcome. I need your help Experts , I have tried & explain every thing I could, I would be more then happy to hear from you. I need your help. :cry: :cry: :cry: :cry:
Last edited by mahaveer_shah on Mon Mar 15, 2010 11:41 pm, edited 1 time in total.

geriatrix
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Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Mon Mar 15, 2010 11:05 pm

Please don't make multiple posts on the same topic.

regards

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