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Dear,
Iam posting this question on this forum to understand a strange situation iam in and need help with.

I have submitted my 10 years SETLR application on feb 2020 and still waiting for a decision. I was involved in a altercation with a person due to a dearly beloved incident and the court imposed a fine for 80 pounds in August 2020.

While submitting my application I did not have any police records or court fines under my name .

Will this affect my application?
Will my application will be refused?

I request the admins or anyone with any knowledge to please help. Iam having sleepless nights because of this.

Thanks

Can you provide some more details about the nature of the incident?

Thanks for replying Cullinan,

While at my place of business , a drunk person came in and smashed an item and started abusing me. I pushed him outside the business premises while holding a baseball bat. There was no physical contact and the person remained unharmed. But due to sheer unluck the police saw this and charged me and took me to court , where i was charged a fine.

Apart from this , i never had any previous criminal record. Would this affect my pending ILR , which was submitted before this incident and the court fine.

Many thanks

What was the exact charge?
Were you arrested and then charged?

Unfortunately looks like you have a criminal conviction now.

Not every conviction is recordable on your criminal record though. If your conviction is recordable offence I am afraid your application may be refused.

Plus I would also consider being caught up in deception if I do not disclose it to the HO now.

Ideally you should wait 24 months before applying for ILR.

I would like to hear other members/moderators opinion on this especially moderator Zimba.

https://assets.publishing.service.gov.u ... 9.0EXT.PDF

Page 5-6

they have, within the 24 months
preceding the date of the application, been convicted of or admitted an offence for which they have received a non- custodial sentence or other out of court disposal that is recorded on their criminal record

Dear Cullinan,

Many thanks for your reply with the guidance note.

Can you please let me understand on what does it mean " It is unlikely a person will be refused under the character, conduct or associations grounds
for a single conviction that results in a non-custodial sentence outside the relevant
timeframe.
However, the greater the number of cautions, warnings, absolute and/or conditional
discharges and admonishments on a person’s record, the more likely it is that the character
and conduct provisions are applicable."

https://assets.publishing.service.gov.u ... .0-EXT.PDF

Page 76

The guidance talks about relevant time frame which was 10 years preceding the application where i did not have any criminal records and even while at the date of the application i did not have any criminal conviction, which is what i have declared.

kindly share your opinion.

thanks

Actually I was thinking the same.

they have, within the 24 months
preceding the date of the application, been convicted of or admitted an offence for which they have received a non- custodial sentence or other out of court disposal that is recorded on their criminal record

I would be inclined towards being hopeful in this case.

By the relevant “time frame”, I think it means outside of the “24 months” lapse.

But what I am unsure is that if the conviction would have any effect as it was not there preceding the date of application.

Only recordable offences will affect ILR. Many court convictions are NOT recordable offences and so have no effect on ILR at all. A recordable offence is an offence which can carry a prison sentence.

preceding the date of the application, been convicted of or admitted an offence for which they have received a non- custodial sentence or other out of court disposal that is recorded on their criminal record

What was the exact wording of the conviction?

Thanks for the comment Zimba.

Assuming OP has a conviction that is recorded on the criminal record. Will that have any effect given it was preceding the date of application? Does OP need to declare that now??

Yes he should.
For convictions and grant of ILR, the date of the decision will be considered NOT the date of the application. The wording in the guide is incorrect as the rules always trump any guidance notes.

As per Immigration rules part 9, Paragraph 322(1C):

(1C) where the person is seeking indefinite leave to enter or remain:

(i) they have been convicted of an offence for which they have been sentenced to imprisonment for at least 4 years; or
(ii) they have been convicted of an offence for which they have been sentenced to imprisonment for at least 12 months but less than 4 years, unless a period of 15 years has passed since the end of the sentence; or
(iii) they have been convicted of an offence for which they have been sentenced to imprisonment for less than 12 months, unless a period of 7 years has passed since the end of the sentence; or
(iv) they have, within the 24 months prior to the date on which the application is decided, been convicted of or admitted an offence for which they have received a non-custodial sentence or other out of court disposal that is recorded on their criminal record.

Thank you for making it clear. I hope OP does not have a conviction that is recordable.