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Dear Board,

I am in a bit tricky situation. My employers had sponsored work permit for me in March 2008. However, I changed the employment and got the Tier 1 (General) in April 2011.

Therefore, I will complete 5 years in March 2013 and would like to apply for ILR. However, I had TV Licence conviction in Feb 2012 for which summon was produced and I had to pay the fine (which I did).

I have hired a solicitor for the ILR application. However, I have been advised that due to the criminal conviction for TV License, I should not apply for ILR and instead go for Tier 1 extension and apply for ILR once 2 years has been served for the conviction.

My query is, if I were to go for ILR and get rejected,
1. Does 5 years requirement period start from the scratch ?
2. Would I still be able to apply for Tier 1 extension in case of ILR rejection?

I would really appreciate some advise here.

Much obliged.

adrulz wrote:Dear Board,

I am in a bit tricky situation. My employers had sponsored work permit for me in March 2008. However, I changed the employment and got the Tier 1 (General) in April 2011.

Therefore, I will complete 5 years in March 2013 and would like to apply for ILR. However, I had TV Licence conviction in Feb 2012 for which summon was produced and I had to pay the fine (which I did).

I have hired a solicitor for the ILR application. However, I have been advised that due to the criminal conviction for TV License, I should not apply for ILR and instead go for Tier 1 extension and apply for ILR once 2 years has been served for the conviction.

My query is, if I were to go for ILR and get rejected,
1. Does 5 years requirement period start from the scratch ?
2. Would I still be able to apply for Tier 1 extension in case of ILR rejection?

I would really appreciate some advise here.

Much obliged.

1. It won't start from the scratch. You will be able to apply for ILR in Feb 14(24 months conviction rule)
2. If your leave is still valid after 'if' your ILR gets rejected you will be able to apply for tier 1 ext

Also when is your leave valid till? If you don't want to wait and really want to apply for ILR with conviction, book an appt in Solihull PEO due to payment advantage preventing the risk of losing 2k. Hiring solicitor is not a solution

Gagan1986 wrote:Also when is your leave valid till? If you don't want to wait and really want to apply for ILR with conviction, book an appt in Solihull PEO due to payment advantage preventing the risk of losing 2k. Hiring solicitor is not a solution

Thanks a lot for the quick reply.

My Tier 1 is valid until May 2013. Therefore, I thought it is worth giving it a try for ILR as there are no other implications apart from losing the fees which is a substantial amount (please correct me if am wrong here). Also, it will save me a year in the process of getting the british nationality. What would be your advise?

Also, my current appointment is at Croydon but I will try to get one at Solihull.

Provided you meet all other requirements and if it just about losing a fee then look for an appointment asap in Solihull.

Also read this post relating to you as well

http://www.immigrationboards.com/viewto ... ht=#776311

Gagan1986 wrote:Provided you meet all other requirements and if it just about losing a fee then look for an appointment asap in Solihull.

Also read this post relating to you as well

http://www.immigrationboards.com/viewto ... ht=#776311

Indeed, there is no other problem whatsoever.

Much obliged.

We can sit here and argue all day that if unpaid TV licence fee is a criminal conviction or not. So better you should go ahead and try your luck at Solihull. All the best

Gagan1986 wrote:We can sit here and argue all day that if unpaid TV licence fee is a criminal conviction or not. So better you should go ahead and try your luck at Solihull. All the best

Thanks a lot. I have started looking for appointment in Solihull.

adrulz wrote:

Gagan1986 wrote:We can sit here and argue all day that if unpaid TV licence fee is a criminal conviction or not. So better you should go ahead and try your luck at Solihull. All the best

Thanks a lot. I have started looking for appointment in Solihull.

Did u manage to get an appointment in Solihull?

uksettlement wrote:

adrulz wrote:

Gagan1986 wrote:We can sit here and argue all day that if unpaid TV licence fee is a criminal conviction or not. So better you should go ahead and try your luck at Solihull. All the best

Thanks a lot. I have started looking for appointment in Solihull.

Did u manage to get an appointment in Solihull?

No, I haven't. My work place offered to do an extension this Monday for me as that was a safer option and will do ILR once the conviction has been served.