Custodial sentence and ILR application ! please help
Posted: Sat Apr 18, 2015 9:25 pm
hello guys , please help me !
i came to uk on October 2003. so far i have stayed in uk for 11years 6months. all my visas are valid and no gap . on march 2012,i was sentenced to prison for 4 weeks for assult(personlly i think it is self defence) . now i plan to apply ILR . i did some research on immigration rude of long residence.regrading Continuous residence ,quote as below:
Continuous residence is broken if an applicant receives a custodial sentence by a court of
law and is sent to:
prison
a young offender’s institution, or
a secure hospital.
Any time the applicant spends in one of the above establishments does not count as
continuous leave for the purposes of meeting 276A and 276D of the Immigration Rules. Any
leave accumulated before sentencing will be disregarded and only residence after release
from custody will be counted as continuous residence.
Continuous residence is not broken if an applicant receives a suspended sentence from a
court of law.
it seems i cant not apply ILR on the basis of long residence . but as i have stayed in uk more than 10 years , base on European law on human right , can i still get further leave to remain for 2 years . i saw a similar case on the web ,a guy was given 2years further leave on the basis of long residence but he broke the law in the past .
please help me on this matter.
many thanks
Calos
i came to uk on October 2003. so far i have stayed in uk for 11years 6months. all my visas are valid and no gap . on march 2012,i was sentenced to prison for 4 weeks for assult(personlly i think it is self defence) . now i plan to apply ILR . i did some research on immigration rude of long residence.regrading Continuous residence ,quote as below:
Continuous residence is broken if an applicant receives a custodial sentence by a court of
law and is sent to:
prison
a young offender’s institution, or
a secure hospital.
Any time the applicant spends in one of the above establishments does not count as
continuous leave for the purposes of meeting 276A and 276D of the Immigration Rules. Any
leave accumulated before sentencing will be disregarded and only residence after release
from custody will be counted as continuous residence.
Continuous residence is not broken if an applicant receives a suspended sentence from a
court of law.
it seems i cant not apply ILR on the basis of long residence . but as i have stayed in uk more than 10 years , base on European law on human right , can i still get further leave to remain for 2 years . i saw a similar case on the web ,a guy was given 2years further leave on the basis of long residence but he broke the law in the past .
please help me on this matter.
many thanks
Calos