Do ongoing criminal cases affect the visa process?

[Masih92]

Hello everyone! Might be a bit of a read so bare with me and thank you.


I applied to get ILR through my ex wife (European citizen, married for 5 years, she exercised all her treaty rights in the UK (worked full time). This could have been done online and she agreed to help initially but later refused to give her EU settlement share code. We then made a paper application. My lawyer (its a small town, no real immigration or good lawyers) messed up initially and asked me not to send all the documents we have and said "let them ask for it". The Home Office rejected the cased based on "insufficient evidence". The application was made in March 2020. It was rejected after 6 months. Lawyer advised me about making a fresh application or making an appeal and suggested the appeal would be better because I won't have a failed application on my record. We went the appeals method to tribunal and meanwhile asked the Home Office to reconsider but they didn't. We waited a long time and went to court finally. On the last day of the court deadline, the Home Office lawyer showed up and said it isn't an issue and they will grant our ILR. This was September 24 2021. We applied for EU Settlement a few days before that and got a certificate of application saying they had received all our documents and will make a decision in due time. March 24 2022 marked the 6 months deadline as well as 2 years since we started the process. To say it has been tiring and draining would be an under statement. I was also asked to submit Biometrics about 3 weeks after the court deadline /making of applications.

Now I don't really mind not having this sorted much, but I live in Northern Ireland and I desperately need to get a car because I have a young child who does not live with me anymore sadly and I have to make arrangements to visit him. The DVLA in NI will not give me a provisional licence until I have ILR/EU settlement. I have sent them payslips (I have been working the entire time, full time and legally), certificate of application from Home Office outlining I can work, live and use the NHS in the UK as well as rent contract etc. But they still did not give me the provisional licence.


Back to the topic, what else can I do? Waiting so long is so extremely draining. I just want this to be sorted so I can move on with my life. My lawyer said she will ask for an update from the Home Office , and they will respond within two weeks but those two weeks will end tomorrow. So far, no news. I have heard of involving the local MP, would that help? Is there anything else I can do in the meantime other than wait?

I have also been told that I have 2 other routes to stay, my child born in the UK is one. And I came to the UK in 2011, and have been here legally since, so that fulfills the 10 year limit to obtain ILR.

Thank you.

[Masih92]

Hello! I tried to find a definite answer online but couldn't.

I have an ongoing application with the Home Office that has been going on for more than 2 years. The last update was us taking them to court and winning the appeal and then issuing a certificate of application on 24 September 2021. We are now way past the 6 months mark and still no updates.

I was speaking to my "laywer" just now and she mentioned that if I have any ongoing criminal proceedings, this will affect the timeline.


The proceedings are fake allegations brought by my abusive ex and I quote her "I am going to report you so they don't give you your visa". There have no convictions so far and, 2 of them thrown out of court and another is due to be thrown out next week. These are alleged breaches of non-molestation orders which itself has since been revoked.

My question is, is what my lawyer saying true? Do these proceedings allow the home office to have the right to delay making a decision?
On a side note : what can I do to get this application going? It has been ages and all I'm being told is to keep waiting

[New on forum]

Sorry to hear about your situation.
Until and unless these ongoing criminal proceeding are all concluded your application will unfortunately remain pending.
There is no point pushing it now. When you get all
Clear just send them the proof and your application will resume.
Even if you get convicted for a minor crime it doesn't necessarily mean that your application will be refused . Just stay out of trouble and wait .

Good luck .

[Masih92]

Thank you very much for confirming. I am completely out of trouble but my ex knows this and has been trying to relentlessly frustrate the process. I am literally on 7 allegations now, 5 have been proven false and thrown out of court. Another 2 will be cleared in the next few weeks. But she has said in the past that she has a couple more planned. Its a vicious cycle. I'm not normally worried about the time it takes to process the leave to remain, but I can't get a car in the meanwhile which means I am having extreme difficulty visiting my young child (which is what she wants, she wants to keep me away from my child, hence the allegations)

[New on forum]

Thank you very much for confirming. I am completely out of trouble but my ex knows this and has been trying to relentlessly frustrate the process. I am literally on 7 allegations now, 5 have been proven false and thrown out of court. Another 2 will be cleared in the next few weeks. But she has said in the past that she has a couple more planned. Its a vicious cycle. I'm not normally worried about the time it takes to process the leave to remain, but I can't get a car in the meanwhile which means I am having extreme difficulty visiting my young child (which is what she wants, she wants to keep me away from my child, hence the allegations)

You will be ok don't worry.
I understand what you are saying I am familiar with N.Ireland and how things work here.
No point trying with DVA it's useless.
It it goes on for long try walking into Nicola mallons office in new lodge and try your luck she is the head of department.
Good luck.

[Masih92]

Thank you so much! I have been trying to get information anywhere I can but haven't really gone far. Law Centre said they will call me back eventually but might take weeks.


I have just come home from court and there's been an update which I'll make a separate thread about but would like your input about it. One of the charges I had has resulted in a conditional discharge, effective 12 months. And I've been reading a home office document here saying if I have been convincted of any offence, they can should refuse the application which has really started to worry me.


Also, would the person you named be the member of legislative assembly? I googled and it said she failed to win her North Belfast seat and is mentioned as "former" member. So I could take time off work and make the journey if it helped in any way.

Thank you so much!

[Masih92]

Hello everyone, sorry if this has been posted before, I searched but the results weren't conclusive.

I have an ongoing application for ILR, 2 years and a month since it started. Refused, appealed, we won the appeal and Home Office said they will grant it back in September 2021. Its past the 6 months mark too.


I was at court just an hour ago. I have sadly been given a conditional discharge as a result of a breach of non-molestation order, effective for 12 months. The judge said he can see how I was baited into it but going purely from a legal point, it sounds like a breach. I have no other convictions.

I was checking to see if this will affect my ILR and found this from a pdf published by the Home Office :

Indefinite leave to enter or remain – mandatory refusal:
• has, 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 noncustodial sentence or other out-of-court disposal that is recorded on their criminal record (under paragraphs 320(1C)(iv) and S-ILR.1.6. of Appendix FM)

Am I doomed? The person making this claim and bringing the non-molestation order wanted exactly this and said that they will try and get me a conviction so I can't stay in the country.

Thank you, any help is greatly appreciated

[CR001]

Topics Merged!! It is not necessary to start a new topic about this in a different part of the forum.

Note also that Settled Status is not an application under Appendix FM. You need to be reading Appendix EU instead.

[New on forum]

Hello everyone, sorry if this has been posted before, I searched but the results weren't conclusive.

I have an ongoing application for ILR, 2 years and a month since it started. Refused, appealed, we won the appeal and Home Office said they will grant it back in September 2021. Its past the 6 months mark too.


I was at court just an hour ago. I have sadly been given a conditional discharge as a result of a breach of non-molestation order, effective for 12 months. The judge said he can see how I was baited into it but going purely from a legal point, it sounds like a breach. I have no other convictions.

I was checking to see if this will affect my ILR and found this from a pdf published by the Home Office :

Indefinite leave to enter or remain – mandatory refusal:
• has, 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 noncustodial sentence or other out-of-court disposal that is recorded on their criminal record (under paragraphs 320(1C)(iv) and S-ILR.1.6. of Appendix FM)

Am I doomed? The person making this claim and bringing the non-molestation order wanted exactly this and said that they will try and get me a conviction so I can't stay in the country.

Thank you, any help is greatly appreciated

If that's the only conviction your application will not be refused based on it solely.
Criminality threshold is different under Euss compared to other categories as pointed out by cr001.

Good luck.

[Masih92]

Thank you been stressing over this all day. That eases my mind a little. Have a good day!

[Jamie's1000]

Nothing to worry about, the system are aware of all this behaviour from this kind of woman, as far as u keep yourself clean, their lies and pretence will be detect and you will be vindicated, 1year ago,mother of my 3kids planned evil against me when is time for my indefinite leave, the application was pending after all court process insha Allah I came out clean and dusted and boom I got my settled status
This are bad women roaming around the UK and the system is breading.my Allah see you through