Immigrationboards.com

Hi Everybody,

I'm hoping for some advice on my situation regarding a drug offence, non custodial sentence (fine) and a UK citizen naturalisation application. I've done a lot of research myself but don't really have any certainty.

I'm an Australian citizen, have lived in the UK for about 12.5 years and currently have Indefinite Leave to Remain. In September 2015 I was convicted of drug possession and given a fine.

I received my ILR in 2011 before the days of the Biometric Residence Permit but I've recently learned that I need to update to BRP in order to have right to work, which came as a surprise.

I'm now wondering whether to apply for BRP with my ILR or whether I should roll the dice and apply for citizenship. I'm aware of the 3 year waiting period with a non-custodial sentence for application and would have preferred to wait a few more years, but Brexit worries me.

My 2 questions are:

- What are my chances of a successful citizenship application? It's been just over 3 years since my non custodial sentence but I understand that the Home Office rules state a drug offence "will not be disregarded" Is this the same thing as being refused? I feel this will only get more difficult after Brexit but should I wait a few more years? Or will that not make any difference?

- If I apply instead for the Biometric Residence Permit instead is there any chance my conviction will make an impact? I didn't think a non custodial sentence would effect an Indefinite Leave to Remain but I'm wondering if anyone has heard of any similar cases?

Thanks very much in advance for your help!

I think you are set for refusal. Drug offences are taken seriously and bring significant doubts about your character.

I had ILR sticker in my expired passport , it s very straightforward to transfer t to a biometric BRP. I paid for premium service went in person , the application form is very simple and within days received BRP

PLS Note: you are not applying for ILR you already have it you are just transferring it to a biometric renewable card which lasts 10 years like the driving license .

1) Review caseworker guidance - if not done already:
https://assets.publishing.service.gov.u ... idance.pdf
Brexit has no impact because nationality law comes under UK legislation.
2) I believe for "right of work" purposes you now need a BRP. You could apply now for naturalisation with the vignette but you'll still have the issue with "right of work".

Yes... Thank you all for your input so far