Criminal record and indefinite leave to remain

[Mandymand22]

Hi I wondered if someone could shed some light for me, my husband is due to apply for indefinite leave to remain in the next two months when his further leave to remain expires. Problem is he has been charged in court 8 months ago and got fined, so now he has a criminal record, I dont no what the best route is to go down should we still apply and hope for the best should we apply and if they say no appeal it. I am really stuck on what's the best thing to do we have three kids together and it's really stressing us out.

[zimba]

What was the fine for ?
Not every offence is a recordable offence so you may appear in court but this may not affect on your criminal record

[Mandymand22]

Hi thank you so much for getting back to me it was for flytipping. He generally thought he could put at a side of a ditch.

[Mandymand22]

We are trying to find out if he does have a criminal record but everyone we are calling saying they cant help, I've seen the application for indedinate leave to remain and on the part where it says about any criminal offences. i dont no if we would we need to tick any of the following on the list for example it says a criminal conviction, a caution, warning, reprimand or other penalty. Or would we put no. I am so confused, thanks to anyone that could possibly help out.

[zimba]

fly tipping is a recordable offence as far as I know, this means he cannot get ILR within 24 months of being convicted at the court. It should also be declared on the an immigration application form anytime he applies.
You can request a basic DBS check to see if this was recorded or not: https://www.gov.uk/request-copy-criminal-record
I suggest not to apply for his ILR unless he either has no record or at least 24 months have passed.

[Mandymand22]

Thank you for getting back to me I thought this might have been the case, do you no what Visa we should apply for instead now? I think I read somewhere a extension Visa for leave to remain they only give you 28 days? Is that right, and would his criminal record effect any next Visa we do apply for as we would have to say he has a criminal record? I'm so sorry for all the questions, do you think we can appeal the decision if we did apply for ilr

[zimba]

What is his current visa ? Any visa extension should not be affected by this

[Mandymand22]

His on leave to remain (spouse visa) at the moment , 5 year route

[Mandymand22]

Further leave to remain

[zimba]

Apply under FLR(M) until 24 months have passed. I highly suggest to do the DBS check first

[Mandymand22]

Thank you for your help,I am going for the dbs now

[Mandymand22]

Hello we got the results back and he does indeed have a conviction he went to court for this like 8 months ago now I believe its 24 months he has to wait to apply for ilr so my question is how long does the extension Visa last for and are we able to apply for indefinate leave to remain visa before the new extension Visa finishes when his conviction has been spent. Thank you

[CR001]

A spouse visa extension is for 2.5 years.

He can apply for ILR at any point when he meets the requirements.

[Mandymand22]

Thank you, do you no if there are any cheaper ways of applying for the extension Visa maybe a shorter timed one? Its coming up at £2852 including the health surcharge and its rather expensive, other half is really considering to just apply for ilr and hoping to win on appeal if he gets one I'm not so hopefull.

[CR001]

do you no if there are any cheaper ways of applying for the extension Visa maybe a shorter timed one?

No there is no cheaper or shorter timed option. A spouse visa extension is granted for 2.5 years.

Its coming up at £2852 including the health surcharge and its rather expensive,

Not sure why it comes to so much. What form are you using and what are you selecting etc?? It should be £1033 plus £1000 IHS.

other half is really considering to just apply for ilr and hoping to win on appeal if he gets one I'm not so hopefull.

Your choice. If refused, you lose the ILR fee. He might not get appeal rights and be put on the FLR(FP) route which would start a new residence period.

[Mandymand22]

We was told the form flr (m) I think why it is so much is because his current flr Visa runs out in 3 weeks so we have to get the priority booking where they give us a answer then next day. I went through that application and there was 2 option to click one for where it was priority and the other where it could take up to 8 weeks for a reply. Thanks for all your help

[CR001]

It is not mandatory to take the expensive option. You can choose the standard option to apply and his status remains legal in the UK as long as the application is submitted before his current visa expires. He will have Section 3C protection, which means his existing visa conditions continue while HO processes his application, even if his visa expires.

[Mandymand22]

Oni didn't no that thank you so much

[Mandymand22]

Hi so I am going through the form and wondered if anyone could help on the biometric side of things it says if you currently hold a card enter details, he does for his old visa which is fine we can put that in but do we have to renew it as it expires soon how do I do that if we do? we are applying for the standard option.

Also for supporting documents is it true you just need psyslips, and Bill's? No marriage certificate or anything.

If we was to upload documents how could they see originals as they request to see, how about our passports, pin tires etc so confusing.

My husband is self employed *(limited company) and I work for him he pays me as his employer should I attach company house letters etc.

Do we need to provide any tax letters.

Thank you

[Mandymand22]

Anyone?

[Mandymand22]

H i please please can someone help before i submit application, i was told the application to complete was flr (m) for extension, husbands current visa is leave to remain of partner. whilst doing the application at the top it says his name and then family route. is this definitely the correct form to use as the previous says partner??

secondly my husband has a limited company what sort of information do we need to give as supporting documents.

and thirdly there is a question on the form that says your current permission to be in uk
visit
work
study
family
eea
settlement
other
i put other as the visa he as got now which is ending soon is leave to remain partner route 5 year

is this correct that i put other.


and it says we have to provide 2 years we have been living together since last grant of leave in this category
im so confused as we was on partner before now the form is saying family.

[CR001]

H i please please can someone help before i submit application, i was told the application to complete was flr (m) for extension, husbands current visa is leave to remain of partner. whilst doing the application at the top it says his name and then family route. is this definitely the correct form to use as the previous says partner??

Yes, FLR(M) is the correct form if he currently holds a spouse settlement visa. It is the same form he completed for his last extension.

secondly my husband has a limited company what sort of information do we need to give as supporting documents.

Depends on how you plan to meet the Financial requirement. Link below tells you what is needed.

https://assets.publishing.service.gov.u ... ext_1_.pdf

20th May 2019

and thirdly there is a question on the form that says your current permission to be in uk
visit
work
study
family
eea
settlement
other
i put other as the visa he as got now which is ending soon is leave to remain partner route 5 year

is this correct that i put other.

No, it is not OTHER. It is family or 'settlement' but suspect it is Family.

and it says we have to provide 2 years we have been living together since last grant of leave in this category
im so confused as we was on partner before now the form is saying family.

It is the same supporting documentation that was required when he last extended on FLR(M). Nothing has changed.

[Mandymand22]

He doesn't hold a spouse settlement Visa his got a leave to remain Visa. I'm so bloody confused and I am so sorry. He had a entry clearence Visa spouse then we got the leave to remain spouse Visa we was ment to be applying for indefinate leave to remain but now we need to extend his leave to remain

[CR001]

He doesn't hold a spouse settlement Visa his got a leave to remain Visa. I'm so bloody confused and I am so sorry. He had a entry clearence Visa spouse then we got the leave to remain spouse Visa we was ment to be applying for indefinate leave to remain but now we need to extend his leave to remain

That is a Spouse Settlement Visa!!

If he has a PBS Dependent visa then that is a completely different category and rules.

Presumably you are British or hold ILR???

[Mandymand22]

Yes I am British, I dont remember doing all this in the last Visa providing two years etc the only asked for 6 months, this applications asking for letters from my previous address which I dont have for the past two years or when we started living together.