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Can ILR be withdrawn after to drink driving conviction?

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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specificus
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Can ILR be withdrawn after to drink driving conviction?

Post by specificus » Thu Aug 04, 2016 8:39 pm

Hi there

My husband has been convicted of drink driving, his ban ended a couple of months ago. While applying for a new driving licence after disqualification he had to send his biometric resident permit as proof of identity - and this BRP has now been lost (by DVLA or Royal Mail we'll never know).

He has obviously reported it as lost as soon as he found out, and now needs to fill in an application form online for a replacement - and one of the questions is about having a criminal conviction in the past, at any time. Would having had drink driving conviction affect his ILR status? Can it be revoked? Any help much appreciated!

Obie
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Re: Can ILR be withdrawn after to drink driving conviction?

Post by Obie » Fri Aug 05, 2016 5:47 pm

He should be able to get the replacement. He is not making a new ILR application, but merely seeking a replacement of his lost BRP.

Only a Criminal Sentence of 12 months or more which lead to the issuance of automatic deportation order can invalidate an ILR, or if the ILR was obtained by fraudulent mean.

He should be fine.
Smooth seas do not make skilful sailors

specificus
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Re: Can ILR be withdrawn after to drink driving conviction?

Post by specificus » Fri Aug 05, 2016 10:19 pm

Thank you! By criminal sentence you mean prison time, right? His was only a driving ban, but it was for 2 years.

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