Ilr and suspended sentence

[jamie4321]

I am planning to apply for ilr but unfortunately i have a suspended criminal sentence of 21 month. 2 years have already past since the sentences and currently i am on visa outside the immigration rule.
What are the chances of me securing the ilr.
I still have 1 year on my visa and if i apply for an ilr and get refused, what happens to my current leave.
Has anyone being on my situation and got ilr.
If not ilr what is the option to extend my visa after the expiry of the current visa?

Thank you in advance.

[zimba]

What happened to your FLR application ?

indefinite-leave-to-remain/success-rate ... 94882.html

[jamie4321]

My barrister argued that i should be given ilr and if not extension based on 10 year of residency but the judge refused both the case and instead gave me visa outside immigration rule for 2.5 years.

[jamie4321]

2 year have had not passed at the time of application since the conviction which has now....
Does my current visa gets exhaust if i apply for ilr and if refused and have to appeal...

Kind Regards

[zimba]

A new application has no effect on your current visa. Note that you can only get ILR if you have 10 years of lawful continuous residence in the UK

[jamie4321]

Yes i have 10 years of law full residence but sir how likely is my ilr will be approved.

Thank you very much for your reply.

[zimba]

Your conviction will not affect you anymore under the criminality grounds for refusal. As long as you are eligible otherwise

[jamie4321]

Suspended sentence can still be used as descrition for the refusal of ilr specially when the sentence is 21 month long. This is what i have got a feedback from some firm...

My question is how do i integrate human right element into ilr application so that even though if the application is refused i would still get appeal right.

Kind Regards.

[zimba]

The length does not matter unless your sentence is activated

Suspended sentences
These count as a ‘non-custodial offence or other out of court disposal recorded on a
person’s criminal record’, unless they are ‘activated’. This means the person has
reoffended or otherwise breached the conditions of that sentence. Where that
happens, you must consider the original suspended sentence length, the
circumstances that led to its activation, and the length of time in custody the person
was required to serve following activation.

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

[jamie4321]

Thank you very much for your reply.

my question is, i got refused for the flr LR and ILR by the judge and immigration case worker by saying that

The Secretary of State is therefore satisfied that, having regard to the public interest, it
would be undesirable for you to be given leave to remain on the ground of long residence
taking into account your personal history. You therefore fall for refusal under paragraph
276B(ii).
You have therefore been refused leave to remain under paragraph 276A4 with reference
to paragraph 276A1 and 276B of the Immigration Rules.

How am i going to Over come This.
Although i was give visa outside immigration rule instead of the above

Kind Regards

[zimba]

You can't overcome this. Home Office can refuse your ILR due to your criminal history based on public interest. You may try after 10 years have passed since your conviction

[jamie4321]

Thank you very much for your email, my question is why do i have to wait for 10 years as my suspended sentences was not activated.
also i know its a discretionary refusal but is there a way like doing volunteering jobs and stuff like that i could make my ilr application strong.

Kind Regards.

[zimba]

Being handed a suspended sentence means the crime was serious even if it was not activated. So UVKI has the discretion not to grant ILR. You need to show that you have been rehabilitated so the general advice is to try after 10 years.

[jamie4321]

Just a follow up on my previous posts. I was given discretionary leave by court and had 2.5 year visa which is about to finish.... just want to ask here what is the chance of me getting ilr or should i apply for extension instead. Could someone give me rules that governs criminality when applying for ilr.

Thanks

[zimba]

What has changed since last year ?? UKVI provided the rules based on which you failed to secure ILR

[vinny]

I suspect that if they wouldn’t grant you ILR, then they couldn’t grant you FLR under the normal rules either, as the criminality ground rules under Part 9 no longer distinguish between FLR and ILR.

Being granted Leave Outside the Rules and Discretionary Leave instead of an outright refusal may be a preferable outcome? Unsure when you may be eligible for ILR under your circumstances.

[jamie4321]

Thank you very much for your reply. I am working regularly and paying taxes and worked in few charity and currently working at charity at local council. i have no other history .
So 2 year time period for ilr for suspended sentences is no longer applicable under current rule i guess.

kind regards

[zimba]

Your ILR was not refused on the grounds of criminality as given under part 9 of the rules. The UKVI refusal said that you failed the long residence requirements under paragraph 276B(ii) of part 7 of the immigration rules:

276B. The requirements to be met by an applicant for indefinite leave to remain on the ground of long residence in the United Kingdom are that:
(i) (a) he has had at least 10 years continuous lawful residence in the United Kingdom.
(ii) having regard to the public interest there are no reasons why it would be undesirable for him to be given indefinite leave to remain on the ground of long residence, taking into account his:

(a) age; and
(b) strength of connections in the United Kingdom; and
(c) personal history, including character, conduct, associations and employment record; and
(d) domestic circumstances; and
(e) compassionate circumstances; and
(f) any representations received on the person’s behalf; and

https://www.gov.uk/guidance/immigration ... categories

[vinny]

Well spotted, Zimba.

[zimba]

I alluded to this last year

Being handed a suspended sentence means the crime was serious even if it was not activated. So UVKI has the discretion not to grant ILR. You need to show that you have been rehabilitated so the general advice is to try after 10 years.

[jamie4321]

Thank you very much to this forum, with the god grace i was granted ilr. Now if some body could help, i have some question in regards to my wife who is on work visa from last 7 months and was student for almost 2 years prior to being on work visa. Could some body tell me what form to use to apply for my wife as my dependent and assist me with the documents checklist as i want to apply the application by myself rather than paying for the solicitor

Also will the time she has spent on her student and work visa will add towards spouse ilr route after 5 years for her to be eligible for ilr.
and what happens to our child if he/she is born now. will She/ he will be British by birth.
thank you in advance.

[zimba]

If your wife is on a skilled worker dependant visa, then she needs 5 years under that visa to qualify for ILR. Time spent under a student visa does not count. See: No more ILR clock reset for skilled worker dependants, when the main applicant settles under the long residence

Any child born in the UK to someone with ILR will be British at birth.

[jamie4321]

No she is on skilled visa of her own........not as my dependent.......as only because i was able to secure ilr a week ago.....we are planning to switch her visa to spouse family visa now.......my question was what form to use and what happens to the time she spent on student and skilled visa, will it count to 5 years ilr....thanks zimba

[CR001]

No, they don't count towatds the 5 years. If she switches to spouse visa on form FLR M, her 5 year ilr clock restarts fron zero and shr would need 2 x 2.5 year visa before ilr based in 5 years.

Combining her student and skilled worker visa time only count for ilr based on 10 uears long residence. She cannot use those visa for ilr based in 5 years by combining with a spouse visa in FLR M

[jamie4321]

Thank you all.....