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Indefinate leave to remain with a criminal record of 12months
Posted: Thu May 19, 2022 9:16 pm
by Margyjep
Halo, just asking the possibility of being refused applying for indefinite leave to remain. I have a criminal record of which I was imprisoned for 12months on fraud. After applying for a visa and with support of a good lawyer I was given descrational leave to remain from 2012 and have renewed till now 11years and about to renew. Was looking into applying indefinite leave to remain..I have been a good citizen, done a lot of community work and now I am a church pastor. I was told by a lawyer the rules changed and anyone with 12months and above for a criminal record will never get indefinite but will keep applying for the 2.5years for ever. Kindly advice. I am feeling so sad. I am now 60years old.
Re: Indefinate leave to remain with a criminal record of 12months
Posted: Thu May 19, 2022 10:04 pm
by Casa
Indefinite leave to enter or remain – mandatory refusal
You must refuse an application for indefinite leave to enter or remain where the
applicant:
• has 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 (under paragraphs 322(1C)(ii)
and S-ILR.1.4. of Appendix FM)
https://assets.publishing.service.gov.u ... nality.pdf
Re: Indefinate leave to remain with a criminal record of 12months
Posted: Mon May 23, 2022 2:15 pm
by avjones
Margyjep wrote: ↑Thu May 19, 2022 9:16 pm
Halo, just asking the possibility of being refused applying for indefinite leave to remain. I have a criminal record of which I was imprisoned for 12months on fraud. After applying for a visa and with support of a good lawyer I was given descrational leave to remain from 2012 and have renewed till now 11years and about to renew. Was looking into applying indefinite leave to remain..I have been a good citizen, done a lot of community work and now I am a church pastor. I was told by a lawyer the rules changed and anyone with 12months and above for a criminal record will never get indefinite but will keep applying for the 2.5years for ever. Kindly advice. I am feeling so sad. I am now 60years old.
The date of your sentence is important. You were sentenced to 12 months' imprisonment - what was the date the sentence was passed? I'm assuming it was before 2012, from your statement that you then got discretionary leave?