Refusal of ILR

[Mrtnrob]

I am an ex British common wealth soldier who s married with one child and I recently applied fr leave to remain for uk soldiers after 7 yrs f service including numerous tours. I was however denied due to the fact I have a record for ABH and the sentence was 8mnths of which I spent 6. I was told in my refusal letter that time spent is ten yrs but on speaking to NARKO it is only 7 of which I would have done 5 but what I am asking cause I am now doin the appeal do I have a case

[avjones]

Which part of the Immigration Rules did you apply under?

I presume it was this:


276L. The requirements for indefinite leave to enter the United Kingdom as a foreign or Commonwealth citizen discharged from HM Forces are that:

(i) the applicant has completed at least four years' service with HM Forces; and

(ii) was discharged from HM Forces on completion of engagement; and

(iii) was not discharged from HM Forces more than 2 years prior to the date on which the application is made; and

(iv) holds a valid United Kingdom entry clearance for entry in this capacity.

The period after which an offence is considered spent is 10 years for a sentence over 6 months and under 30 months. I don't know what NARKO is.

[Mrtnrob]

Yes I applied as a hm forces discharged after 4 yrs service.

NACRO the crime reduction charity. They said that there are different rules for offences committed whilst in the army and tried under military law.

[avjones]

So were you convicted under military law, not civilian law? If so, which section of what Act? What was the exact offence?

Where you dishonourably discharged from the Army?