ILR, Conviction and TIER 2 extension

[Vvida]

I will have fulfilled 10 years of continuous residence in the UK in October 2015. However, I have just been charged with a criminal offence and have a pending court hearing in the next few weeks. I feel like I have to plead guilty so I will get a conviction right there and then for these reasons:

I first applied for Tier 2 general in August 2011, having been on student visa and post study work permit beforehand.
Given this I can only extend this application until Aug/ Sept 2017 (6 years threshold).

If I am found guilty of an offence in the months to come (late 2015), I will probably run out of time for an ILR application due to 24 month threshold for good character prior to application.

Can I be saved so I don't risk my residency as well as being found guilty of an offence?

I understand this sounds complicated but any help would be greatly appreciated!

[Vvida]

''From 6 April 2016, Tier 2 migrants (other than PhD scientists and researchers) applying for ILR must show they have earned £35,000 p.a. or more.''

I do not hold a PHD but am a Research Assistant (must stress on assistant) who earns over 27,000pa but under £35,000.

Will this rule mess me up as I will have to apply after April 2016 when possible conviction becomes spent?

Please help as I am going crazy and suicidal.

[Obie]

You could apply under human eight category just before the leave for Tier 2 expires in 2016 , and vary it immediately after the 24 months has lapsed, to ILR long residence , provided that provision are still in place them.

I am sure it is not a suicidal matter. There is always an option.

[Vvida]

Oh but it is, I am feeling so lost and slowly going insane...

Please can you advise me what sort of application 'human eight' is? I found an article on Human Rights and Article 8- interference with private life, but it seems complicated. What forms do I fill out for this?

I entered as a student in Oct 2005, held a post study work permit until Aug 2011, then switched to Tier 2 for a year and extended another 3 so my current status expires in Sep 2015. I can then further extend until Sep 2017 at the latest for a total of 6 years under Tier2.

If i get a conviction at some point next year after which 24 months must lapse before ILR application, I might be running short of time.


How can I live with myself now?

[Obie]

You said you are waiting for the outcome of the court proceedings. Focus on that first and let's see what the sentence is, then we will advice further.

As I said there is no need to get stressed. Prosecution might even decide to drop charges.

Even if they do not, you still have leave, and i am such close to the period when you could not renew your tier 2 any longer, the 2 years probationary period would have elapsed.

[Vvida]

You said you are waiting for the outcome of the court proceedings. Focus on that first and let's see what the sentence is, then we will advice further.

As I said there is no need to get stressed. Prosecution might even decide to drop charges.

Even if they do not, you still have leave, and i am such close to the period when you could not renew your tier 2 any longer, the 2 years probationary period would have elapsed.

Thank you for your support. Unfortunately, it is extremely difficult not to feel stressed at this point but it will help knowing I have a few options for the future regardless of the outcome from my court proceeding.
Hence, I would really appreciate discussing these options with senior members here to give me some peace of mind.

Will I be able to extend my Tier 2 until Aug/Sep 2017 regardless of alleged conviction? I believe so, but I would like to double check with you. Do I only apply for Discretionary Leave to remain if the 2 year probationary period has not lapsed by the time my Tier2 cannot be further extended in 2017?

Or do I apply for limited leave to remain come Sep 2015 when I'd have been here for 10 years? Is this the right form to do so?
https://www.gov.uk/government/uploads/s ... _11-14.pdf

[Vvida]

Please can any other member offer their help with this? Any advice highly appreciated. Thanks

[Vvida]

Please help me, someone, I am really desperate :'( :'(

[Vvida]

Please can anyone advise me, please...

[Princess of Ammi]

Will I be able to extend my Tier 2 until Aug/Sep 2017 regardless of alleged conviction? I believe so, but I would like to double check with you. Do I only apply for Discretionary Leave to remain if the 2 year probationary period has not lapsed by the time my Tier2 cannot be further extended in 2017?


whats the offence they have prosecuted you for ? and what sentence are you expecting? as you said you likely to enter plead a guilty of crime they said you committed.

I ask above because some of offences if you are found guilty of and convicted at court are not qualifying(record able) ones, as i have seen most of times they curb an ILR for 24 months only for record able offences. yours may not have been one of those!

[Vvida]

Will I be able to extend my Tier 2 until Aug/Sep 2017 regardless of alleged conviction? I believe so, but I would like to double check with you. Do I only apply for Discretionary Leave to remain if the 2 year probationary period has not lapsed by the time my Tier2 cannot be further extended in 2017?


whats the offence they have prosecuted you for ? and what sentence are you expecting? as you said you likely to enter plead a guilty of crime they said you committed.

I ask above because some of offences if you are found guilty of and convicted at court are not qualifying(record able) ones, as i have seen most of times they curb an ILR for 24 months only for record able offences. yours may not have been one of those!

Fraud by false representation (shop return of £30) first offence/ no previous conviction. I will plead not guilty. If found guilty, it would be a community service/ fine, spent in a year, need to wait 24 months for ILR.
I will enter my plea next week but the whole fiasco in Courts can last up to 9 months or longer. IF convicted it could mean that my Tier 2 extension (if granted, would this jeopardise that too?) would run out by July 2017 when my ILR probationary period is still not over.

I know I am way ahead of myself but need to take everything into account, I cannot calm down.

[Princess of Ammi]

that seems record able as e.g CRB before PNC would surely show that.
now situation is, you have a due renewal for the current leave in Sep next yr,you same time qualify for the ILR if conviction is disregarded, how UKVI would see your conviction and suitability for the tier 2 extension is ponderable. your ILR based up on long residency and qualifying time for ILR under tier 2 meet same time that means if you can manage to have this visa extended you can apply for ILR using either provisions as 2 years time (for the convicted ones) would have elapsed as well.

you should now speak to the different lawyers who helped their clients found in same situation, having conviction and due extension I dnt think is new to most of lawyers around.

also, dnt you think if you plead guilty now (if you think you eventually gona be found guilty) then you can qualify for ILR(based upon long residency) about 10 months earlier than stretching this court proceedings to 9 months that you said this can take

[Vvida]

I am not sure it is right to plead guilty for something in fear of these when it will stay with me forever, so I will fight the charge as much as I can.

I did not know, if convicted, this affect my Tier2 extension as well?

I have a job contract till mid-2017 at the earliest and would have lived here for 10 years by 2015.

Any other way I could be allowed to stay here once my current visa runs out? Surely, even if convicted, people have been through a lot more and are now citizens even...I fear for my future :'(

[Obie]

The difficulty for me is that i don't know if you will be convicted, when you will be convicted, and if you are convicted, what rules will be in place at the time of your ILR application.


It will be similar to a case, where i advised a person in 2011, of requirements for ILR, and about a year and the half later, the rules under which i advised her had changed or being removed under the long residence provision.

So it is hard for anyone to provide any advise with absolute certainty.

[Vvida]

I haven't done anything wrong so I will hopefully be acquitted of any crime, hence going for trial by jury even though it will be a prolonged process, however I have never done this before and don't know if I can trust the justice system and what the outcome will be!

If convicted, it is not a prisonable offence and the verdict will be made mid-late 2015 when it would be about time I apply for my ILR OR Tier 2 extension. I wanted to know if this would impact the latter to give me peace of mind that either way, I will be allowed to stay in the country and work during the probationary period of 24 months.

Since you cannot extend Tier 2 more than 6 years, if my probationary period isn't over by then, what application do I have to fill out to be allowed to stay until I can apply for ILR?

I want to consider all options and prepare myself. Thankyou!