DLR

[starz11]

Hi everyone

Please I need your advice. I had a criminal record in 2014 but was sentenced to 9months suspended for 18months in 2015. I’m due to apply for my ILR in October after 6yrs of DLR. will my record affect my chances of getting my ILR?

Thanks in advance for your advice.

[zimba]

You should be fine in my opinion to apply for ILR as your sentence was suspended
Under Immigration rules part 9, paragraph 322(1C).

Grounds on which leave to remain and variation of leave to enter or remain in the United Kingdom are to be refused

(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 prior to the date on which the application is decided, 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.

[starz11]

Hi Everyone,

I had my first DLR in 2011 which was due to be renewed in September 2014, but unfortunately I had a pending court case in 2014 just before I was due to renew my application for my second 3yrs DLR.

I was then granted my second 3yrs DLR which took just over 12 months before I got it back and it expires in November 2018.

I was due to apply for my ILR in September 2017

Please I need your advise on these two questions

(1) Can I apply for my ILR now as I would have already completed the 6yrs in September of 2017 or I have to wait till when my current DLR which is due in November 2018.?

(2) I did the life in UK test as well as the English test in 2014, Are still valid to apply for my ILR in 2018?.

Thanks for your advise in advance.

[zimba]

(1) Can I apply for my ILR now as I would have already completed the 6yrs in September of 2017 or I have to wait till when my current DLR which is due in November 2018.?

You can apply when 6 years is over

(2) I did the life in UK test as well as the English test in 2014, Are still valid to apply for my ILR in 2018?.

LIUK test is valid for life

[starz11]

Hi Zimba88

Thanks for your prompt response.
In your reply you said yes when my 6yrs is over. Is the 6yrs the initial due date which would have been september 2017 or my current one which is November 2018?

Thanks

[starz11]

Also I read on someones comment that applicants are not required to take life in the UK test as well as English language test. Pls advice on this as I do not understand what they mean. Is it that people with DLR do not need to take life in the UK test as well as english language test?

[zimba]

Hi Zimba88

Thanks for your prompt response.
In your reply you said yes when my 6yrs is over. Is the 6yrs the initial due date which would have been september 2017 or my current one which is November 2018?

Thanks

6 years from the initial. Your BRP dates are not relevant

Also I read on someones comment that applicants are not required to take life in the UK test as well as English language test. Pls advice on this as I do not understand what they mean. Is it that people with DLR do not need to take life in the UK test as well as english language test?

Correct. Those do not apply for people who have DLR

[starz11]

Thanks again @Zimba88

So does that mean I could apply for my ILR immediately if I wanted to? and also can you send me a link on that if there's any?

Am thinking of applying for my citizenship immediately after ILR has been approved, because I have a criminal record (non custodial) in 2015, would that affect my chances of getting my citizenship?

[starz11]

And also do I need pay for the NHS surcharge when applying for my ILR? Because I saw on the UKBA website sit that I have to pay £600 pounds for NHS surcharge.

Please advise.

Thanks a lot for your help.

[zimba]

So does that mean I could apply for my ILR immediately if I wanted to? and also can you send me a link on that if there's any?

Yes
https://assets.publishing.service.gov.u ... -05-18.pdf

Am thinking of applying for my citizenship immediately after ILR has been approved, because I have a criminal record (non custodial) in 2015, would that affect my chances of getting my citizenship?

Under Good Character Requirements your application will fail within 3 years of the conviction so you should be fine if the conviction was more than 3 years ago.

And also do I need pay for the NHS surcharge when applying for my ILR? Because I saw on the UKBA website sit that I have to pay £600 pounds for NHS surcharge.

No. There is no IHS payable for ILR

[starz11]

Hi Zimba88,
Thanks a lot for your help.

I'm kind of worried about my income as I've been self employed since 2015 and I have always done my self assessment report online by myself. Because of my low earnings I didn't have to pay any taxes just NI contributions. On my 2016/2017 tax return I only declared my earnings was £5000 hence I didn't have to pay any tax.

Although I now have a second job which I only started third week of May and I have a months worth of payslips paid weekly by my current employer.

I do not have any copies of my tax return as it was done online via HMRC website but I could get and printed copy if from the HMRC website if I log on to account.

Do you think that will affect my chances on getting my ILR?

Thanks Mate.

[zimba]

ILR under DLR has no income requirements

[starz11]

Hi Zimba88

Just to make I understand, are u saying I can apply with my 1months worth of payslip from my current employer.? And also can you please tell me what supporting documents I should include in my application.?

Thanks again for all your support I know I’ll definitely come back to you for more assistants.

You’ve been very helpful.

[zimba]

There is no need to declare income as I said above. The SET(O) form clearly tells you waht you need to send. Under DLR you simply need your idetification documents really

[starz11]

Ok nice. I’ll go ahead and fill the form and try to get a booking for the premium service as soon as possible. Although I tried to book earlier but there was no available appointments in the next 45 days in any of their premium centres. I guess they are very busy.

I’ll definitely let you know the outcome of my application and I might need your guidance when filling the form if you don’t mind pls.

Thanks for your help I really do appreciate it.

[starz11]

Hi Zimba88

I have booked my appointment for the premium service and I have started filling the form.

could you please explain the question to me

Date you first entered the UK

When did you first enter the UK? (Required)
This is the date you entered the UK when the period of stay you are basing this application on started.

Is it from the date my first DLR was granted of the date I entered prior to my first DLR?

Looking for to your reply very soon.

Thanks

[starz11]

Please can you also clarify this for me as well

Time spent outside the UK and Crown Dependencies

Since you first entered the UK, have you had any absences from the UK? (Required)
This includes any absences however short. Do not include travel to Crown Dependencies.

Does it include holiday or any trip that I have ever taken out of the country?

[zimba]

Yes. ANY absences outside the UK and Crown dependencies must be declared

[starz11]

ok thanks what about this?

Date you first entered the UK

When did you first enter the UK? (Required)
This is the date you entered the UK when the period of stay you are basing this application on started.

Is it from the date my first DLR was granted of the date I entered prior to my first DLR?

[zimba]

The date of initial DLR is fine here

[starz11]

Hi Zimba88

Thanks for your reply.

Please advice me on how to answer this question as am not sure on how to answer.

Have you had 6 years or more of discretionary Yes
leave, following refusal of a non-asylum application,
at the time of submitting this application?

Thanks

[starz11]

Do I have to declare any traffic offences as they are not classified as criminal offence?

[starz11]

Hi everyone

This matter is also causing me to worry as I have travelled a lot as well. Since having my first DLR in 2011, I have travelled about 13times till date and each time I travelled I was away for about 5weeks at a time But I never exceeded 180days in a year. I travelled on 27th of December 2017 and got back February 9th 2018 and travelled again on April 25 for my grandmas funeral and got back May 12.

Will that affect my application for ILR?

[starz11]

Please I need your advice as I’m very worried.

Thanks a lot.

[zimba]

Do I have to declare any traffic offences as they are not classified as criminal offence?

No

Hi everyone

This matter is also causing me to worry as I have travelled a lot as well. Since having my first DLR in 2011, I have travelled about 13times till date and each time I travelled I was away for about 5weeks at a time But I never exceeded 180days in a year. I travelled on 27th of December 2017 and got back February 9th 2018 and travelled again on April 25 for my grandmas funeral and got back May 12.

Will that affect my application for ILR?

No