Can an ILR be revoked?

Hello there

I have ILR since 2010, I've been in the UK since 2005 with no criminal history or convection's.
last year police decided to charge me of burglary and theft from my previous tenant who wasn't even paying rent, Police wanted the case in Magistrate court but I took it to Crown court.
I believe I have a very good chance in winning this case.
my question is, god forbid If the jury find me guilty will that effect my ILR?

many thanks

David

Part 9 of the Immigration Rules - Grounds for refusal
(1C) where the person is seeking indefinite leave to enter or remain:
(i)they have been convicted of an offence for which they have been sentenced to imprisonment for at least 4 years; or

(ii) they have been convicted of an offence for which they have been sentenced to imprisonment for at least 12 months but less than 4 years, unless a period of 15 years has passed since the end of the sentence; or

(iii) they have been convicted of an offence for which they have been sentenced to imprisonment for less than 12 months, unless a period of 7 years has passed since the end of the sentence; or

(iv) they have, within the 24 months preceding the date of the application, been convicted of or admitted an offence for which they have received a non-custodial sentence or other out of court disposal that is recorded on their criminal record.”

sorry I didn't understand what you mean!
I haven't been convicted or admitted an offence and I didn't receive non-custodial sentence or any sentence.
can you explain more please?

bale2020 wrote:Hello there

I have ILR since 2010, I've been in the UK since 2005 with no criminal history or convection's.
last year police decided to charge me of burglary and theft from my previous tenant who wasn't even paying rent, Police wanted the case in Magistrate court but I took it to Crown court.
I believe I have a very good chance in winning this case.
my question is, god forbid If the jury find me guilty will that effect my ILR?

many thanks

David

As you already have ILR, see HO guidance on grounds for revocation of ILR:
https://www.gov.uk/government/uploads/s ... eleave.pdf

Longer term, any applicant with conviction/s may find there are consequences for any future application for privilege of citizenship.
Ref HO guidance:
https://www.gov.uk/government/uploads/s ... _D_v02.pdf

Good luck.

and I already have ILR since 2010, my question is will my ILR be effected of the outcome of the court case?

You haven't at present, but you asked if your ILR could be refused if you were to be found guilty. I've edited my post by the way, to include the whole section.

bale2020 wrote:and I already have ILR since 2010, my question is will my ILR be effected of the outcome of the court case?

Ah! Sorry I misunderstood. Your ILR won't be revoked but it will affect an application for British citizenship if you are found guilty.

I think that 322(1C)(iv) refers to people who are seeking to apply for indefinite leave.

If your convictions are not serious enough to warrant deportation, then your ILR shouldn't be revoked.

now I understand.
there's no way on earth I can be found guilty.
I have all the proofs that she wasn't paying rent, she borrowed money of me and when I served her notice to leave (Iv'e recorded it by video) she made the claims, I called the police to come and investigate the matter then they told me they don't believe her.
after 1 months police came back to me and decided to charge me of Burglary lol
what a joke!!!
thank you so much you'r really helpful

there's no seriousness in my case, even the police gave me unconditional bail and they said I am as good as good because I was very complaint and I always go to court on time.
charges are: intention to steal lol
the boy where she claim that she kept the money went for forensic test and my DNA or Fingerprints were found, very surprised police decided to carry on

Did you take any of her belongings to cover her rent due?

No I never took anything.
After serving her the notice and she didn't leave I've waited until she left the house and I went into her room to pack her things, I was living in landlord so by law I can evict her after serving her one month notice then I can change the locks.
Police relying on a video she recorded for me inside her room talking on the phone to my friend and laughing!

As I said to you police wanted the case in county court I've pushed the case to crown court because I know I haven't done anything wrong and I'm not guilty

I don't think that you should have entered the premises in her absence, without permission or a court order.

Yes you're right even though as a living landlord you don't need to give notice, please read that: https://www.citizensadvice.org.uk/housi ... gers-have/

I'm happy to be charged of breaching my tenancy agreement not by burglary!!!

"Intent to steal" is a strange charge for them to make, as your intent was to pack. So, nothing was actually "stolen"?

Served her notice on 28th of December 2014
After she stopped paying rent.
27th Dec 2014 she came to me and said £2400 missing from my room, I offered to call the police she said no let me have a look 1st.
27th Dec 2014 again came back to me and said amount is £2800, I questioned where did u get the money from she said its for my brother in Nigeria.
28th Dec 2014 amount became £3600 and it's for the church.
Offered to call the police she said she wanna talk to the priest 1st.
She went quite until the 4th of Jan 2015 when her boyfriend came over and started threatening me if I don't give her £3600.
I called the police they got him arrested and I told them about the money claim, they spoke to her then came back to me and said we don't believe her, she has a lot of other valuable things such as gold, iPad,... And nothing else is stolen and they adviced me to kick her out as she will cause me problems.
On the 9th of Jan 2015 I gave her the notice written and video recorded as well.
I was conducting viewings and she has other videos of me conducting viewings as she placed a camera in her room, I think to set me up.
20th went in and packed her things and left them by the entrance.
She reportered to the police in March.
Dunno why she waited that long.
Police came and said you're under arrest lol

Do let us know what the courts makes of all this.

Sure I will, it will be in March 2016!
I hope I'll have a nice jury

I don't think so you can be found guilty in this case, you can lose the case and might pay damages, but it's an apparent offence against you, and you want remedy, so you either won the case or she will get away with rent.

its nothing to do with criminal conviction. relax

Not me again wrote:I don't think so you can be found guilty in this case, you can lose the case and might pay damages, but it's an apparent offence against you, and you want remedy, so you either won the case or she will get away with rent.

its nothing to do with criminal conviction. relax

@Not me again
''so you either won the case or she will get away with rent''

How did you pass your English test??????

crimson76 wrote:

Not me again wrote:I don't think so you can be found guilty in this case, you can lose the case and might pay damages, but it's an apparent offence against you, and you want remedy, so you either won the case or she will get away with rent.

its nothing to do with criminal conviction. relax

@Not me again
''so you either won the case or she will get away with rent''

How did you pass your English test??????

@crimson76 we don't want to deter members from posting with expectations of perfect grammar. Even those who are British born make grammatical errors.

Casa wrote:

crimson76 wrote:

Not me again wrote:I don't think so you can be found guilty in this case, you can lose the case and might pay damages, but it's an apparent offence against you, and you want remedy, so you either won the case or she will get away with rent.

its nothing to do with criminal conviction. relax

@Not me again
''so you either won the case or she will get away with rent''

How did you pass your English test??????

@crimson76 we don't want to deter members from posting with expectations of perfect grammar. Even those who are British born make grammatical errors.

Sorry, I totally agree with you. I posted this comment because Not me again has been ridiculing the posts of other people in the past. It was just a joke.

No problem.

crimson76 wrote:

Casa wrote:

crimson76 wrote:@Not me again
''so you either won the case or she will get away with rent''

How did you pass your English test??????

@crimson76 we don't want to deter members from posting with expectations of perfect grammar. Even those who are British born make grammatical errors.

Sorry, I totally agree with you. I posted this comment because Not me again has been ridiculing the posts of other people in the past. It was just a joke.

Use of irony, double entendre, metaphors/idioms & even slang are all indicators of fluency (innit).

Back to the post, if OP is being prosecuted his good character is at grave risk if found guilty.

Unclear how dodgy tenant can prove existence of said sum of money nor how case of intent to steal stacks up.

Everybody deserves their day in court & to be judged by their peers, 12 good 'men'.