Part 9 General Grounds of refusal: Criminality.

[vouge11]

Hi,

I did my SET(O) application through tier 2 + skilled worker route.

Date of online Application: 17 Sept 2024
Application type: Priority (5 working days)
Date of Biometrics: 24 Sept 2024
Date of Acknowledgement: 24 Sept 2024, just confirming that my documents has been sent to UKVI.

Its already been over 5 working days today, but ever since then I have not received any response at all, not even an NSF email.

Not sure what should I do, has anyone else faced the same issue? If so, whats your timeline and whether you received any response or not?

[zimba]

I applied for a priority visa service and I am still waiting for a response. What is happening  ?

[vouge11]

My question is that does same criminality rules stated in part 9 general grounds of refusal apply for all visa applications?

Does ILR have any stricter rules for criminality as compared to Skilled Worker visa or same Part 9 rules apply for both types of visas?

I have currently applied for ILR still awaiting decision, I am wondering if applying for skilled worker extension would be a better option or not.

[zimba]

My question is that does same criminality rules stated in part 9 general grounds of refusal apply for all visa applications?

Does ILR have any stricter rules for criminality as compared to Skilled Worker visa or same Part 9 rules apply for both types of visas?

I have currently applied for ILR still awaiting decision, I am wondering if applying for skilled worker extension would be a better option or not.

Yes, they are different but only serious offences lead to ILR refusal. Also, you should refrain from making assumptions about your application. An application can be delayed for all sorts of reasons and you cannot know why. What is the criminality issue you are concerned with ?

[vouge11]

I have a criminal record, so not sure if I should apply for ILR or apply for skilled worker extension. Also what is the difference between rules for criminality for both ILR and Skilled worker.

I believe my record does fall under serious offence.

[vouge11]

So is it worth applying for skilled worker extension instead?
I mean if ILR is surely going to be refused is it worth applying for skilled worker extension instead if that has different rules or has more possibility of getting successful.

[zimba]

I have a criminal record, so not sure if I should apply for ILR or apply for skilled worker extension. Also what is the difference between rules for criminality for both ILR and Skilled worker.

I believe my record does fall under serious offence.

Again, stop making assumptions. Did you receive a custodial sentence for your offence ??

There is an entire guide on this: https://assets.publishing.service.gov.u ... nality.pdf

[zxyzhgp]

did you declare your offence in your application form?

[vouge11]

Yes, I declared the offence on the application form.

I received a suspended sentence, the sentence was not activated. I mean no custodial sentence was imposed.

[zimba]

Yes, I declared the offence on the application form.

I received a suspended sentence, the sentence was not activated. I mean no custodial sentence was imposed.

Then refusal is discretionary, so quite unlikely

[vouge11]

So should I go forward with the ILR application?

Will the refusal be discretionary in Skilled Worker Application too?

[lolo2]

You should wait for the decision, there is no point on making a new application at this stage.

A suspended sentence is not a ground for refusal itself. The delay in the response doesn't mean the application will be refused either.

[zimba]

So should I go forward with the ILR application?

Will the refusal be discretionary in Skilled Worker Application too?

Continue with your ILR application