ILR Conviction - Please Help!!!!

[ilr1982]

I will try to keep this short and better explain my situation,

I have 1st been awarded Tier 1(General) back in 18 July 2008 for 3 years, and got extended in 2011 for another 2 years. But unfortunately i have made a drink and drive conviction on 1st July 2009 which won’t be spent until 1st July 2014 according to current rehabilitation period, so needed to extend my visa again in 2013, and got until 2016. So according to this i cannot apply for ILR until July 2014.

But I think according to new changes (As below link) and spent periods, unspent period for fines are going to be reduced from 5 years to 1 year, from March 10th 2014.

https://www.gov.uk/government/news/refo ... into-force


In above case i can apply for ILR after 10 March technically? Is this possible, will home office take into consideration of the new periods which have come into effect on 10th march?

Please advice? So I can take the appropriate direction.

Thanks

[Amber]

Rehabilitation Act 1974 time periods do not apply to Immigration and Nationality applications!

As your conviction occurred more than 24 months ago you are ok to apply for ILR as it will not longer be a general grounds for refusal. Declare the conviction on SET(O).

[ilr1982]

Thanks amber, for your quick reply.

In that case I could have applied a while ago, need not wait for this to be spent.

Sorry, but are you sure about this?

Any help would be much appreciated!

[Amber]

(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.