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Custodial sentence and ILR application ! please help

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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gwh565856
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Posts: 4
Joined: Sat Apr 18, 2015 7:58 pm

Custodial sentence and ILR application ! please help

Post by gwh565856 » Sat Apr 18, 2015 8:25 pm

hello guys , please help me !
i came to uk on October 2003. so far i have stayed in uk for 11years 6months. all my visas are valid and no gap . on march 2012,i was sentenced to prison for 4 weeks for assult(personlly i think it is self defence) . now i plan to apply ILR . i did some research on immigration rude of long residence.regrading Continuous residence ,quote as below:

Continuous residence is broken if an applicant receives a custodial sentence by a court of
law and is sent to:
 prison
 a young offender’s institution, or
 a secure hospital.
Any time the applicant spends in one of the above establishments does not count as
continuous leave for the purposes of meeting 276A and 276D of the Immigration Rules. Any
leave accumulated before sentencing will be disregarded and only residence after release
from custody will be counted as continuous residence.
Continuous residence is not broken if an applicant receives a suspended sentence from a
court of law.


it seems i cant not apply ILR on the basis of long residence . but as i have stayed in uk more than 10 years , base on European law on human right , can i still get further leave to remain for 2 years . i saw a similar case on the web ,a guy was given 2years further leave on the basis of long residence but he broke the law in the past .
please help me on this matter.

many thanks

Calos

gwh565856
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Posts: 4
Joined: Sat Apr 18, 2015 7:58 pm

Re: Custodial sentence and ILR application ! please help

Post by gwh565856 » Sat Apr 18, 2015 9:11 pm

please help! thanks

Obie
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Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: Custodial sentence and ILR application ! please help

Post by Obie » Sat Apr 18, 2015 9:15 pm

under which category have you been living in the UK?
Smooth seas do not make skilful sailors

gwh565856
Newly Registered
Posts: 4
Joined: Sat Apr 18, 2015 7:58 pm

Re: Custodial sentence and ILR application ! please help

Post by gwh565856 » Sun Apr 19, 2015 3:45 pm

many thanks for your reply . i am currently on dependant visa of tier 1 investor

gwh565856
Newly Registered
Posts: 4
Joined: Sat Apr 18, 2015 7:58 pm

Re: Custodial sentence and ILR application ! please help

Post by gwh565856 » Mon Apr 20, 2015 12:59 pm

please help! thanks

babar301
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Posts: 9
Joined: Sun Aug 20, 2017 1:04 pm

Re: Custodial sentence and ILR application ! please help

Post by babar301 » Sun Aug 20, 2017 1:08 pm

Hello Calos,

I am in exactly same situation as you, could you please tell me what happens with your case? did you apply for 2 year visa extension?
Reply would be helpful.
Thanks

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Casa
Moderator
Posts: 25686
Joined: Wed Jul 23, 2008 2:32 pm

Re: Custodial sentence and ILR application ! please help

Post by Casa » Sun Aug 20, 2017 1:13 pm

babar301 wrote:Hello Calos,

I am in exactly same situation as you, could you please tell me what happens with your case? did you apply for 2 year visa extension?
Reply would be helpful.
Thanks
This thread is over 2 years old and the member hasn't visited the forum since Apr 26, 2015
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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