Breach of trust conviction...Can I apply for an extension

[vikp16]

Hello,
I arrived in UK on 8/12/2006 on HSMP for 2 years and then my VISA was renewed for 3 years resident permit.

During this period I was subject to the breach of trust with my employer for a petty amount due to my mistake and I was taken to the court where the sentence was the 120 hours community works 18 eeks suspended sentence for 2 years and 2 years probabtion.

The case was reviewed on the request of the probation officer and my probation period was cancelled after 6 months. Clearly she can understand I was victim of the situation. As I thought my case was straight and thought taking no legal support will be good proved otherwise during my sentencing.

Now my VISA is up for renewal in Nov and clearly it is Unspent.

Can I apply to extend my resident permit and not ILR to get 5 years period for my sentence to be spent?

Will they apply any discretion? If I apply for ILR.

Should it be better for me to not waste £1k on application process and just head back home?

If anyone can shed some light on this I will be grateful. Also this time if any lawyer takes the responsibility I will hire.

Regards,
Vik

[geriatrix]

No need to apply for extension.

I arrived in UK on 8/12/2006 on HSMP for 2 years

The criminality threshold doesn't apply to HSMP JR covered migrants (245CD(a)). Apply for ILR.

[blay1]

Hello,
I arrived in UK on 8/12/2006 on HSMP for 2 years and then my VISA was renewed for 3 years resident permit.

During this period I was subject to the breach of trust with my employer for a petty amount due to my mistake and I was taken to the court where the sentence was the 120 hours community works 18 eeks suspended sentence for 2 years and 2 years probabtion.

The case was reviewed on the request of the probation officer and my probation period was cancelled after 6 months. Clearly she can understand I was victim of the situation. As I thought my case was straight and thought taking no legal support will be good proved otherwise during my sentencing.

Now my VISA is up for renewal in Nov and clearly it is Unspent.

Can I apply to extend my resident permit and not ILR to get 5 years period for my sentence to be spent?

Will they apply any discretion? If I apply for ILR.

Should it be better for me to not waste £1k on application process and just head back home?

If anyone can shed some light on this I will be grateful. Also this time if any lawyer takes the responsibility I will hire.

Regards,
Vik

In Damien Greens questions ciminal conviction will not be counted if applying for extension so i don't see why you cannot apply for one.

[vikp16]

Here is that I am naive so I can go ahead and apply for an extension of resident permit..(You guys must be thinking but not naive enough to commit a crime). What form will it be does any one know..and how to go about it. If anyone knows about a good lawyer in london who might be able to help..any recommendations.

Cheers!
Vik

[geriatrix]

See my (edited) response above.