Custodial Sentence and ILR

[jtorty]

I had an 8 weeks custodial sentence for driving on a ban twice but this was in 2010 before i applied for my spousal visa which i got in may 2012. i am due to apply for my ILR. Do you think it will be a problem? And what does a civil judgment or civil penalty constitute? On my application form (SETM) i was asked if i have any civil judgments or civil penalties under the UK immigration act.

Thanks.

[Amber]

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

(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

However, as you are applying as a partner under Part 8, this must be contrasted with:

Paragraphs 320 (except subparagraph (3), (10) and (11)) and 322 do not apply to an
application for entry clearance, leave to enter or leave to remain as a Family Member under
Appendix FM, and Part 9 (except for paragraph 322(1)) does not apply to an application for
leave to remain on the grounds of private life under paragraphs 276ADE-276DH.

Where a person does not meet the requirements for ILR they should consider an extension. A custodial sentence must be declared as a conviction. You will also not be able to naturalise as British for at least 7 years from the end of the sentence.

[jtorty]

Thank you for the response. i want to clarify that i got my conviction before i received my 2 yr probationary visa. when i first applied for my 2 yr probationary visa i was denied but i was successful on a court appeal and was eventually granted my spousal visa. i will imagine since my conviction was before my probationary spouse visa it will not be a problem when applying for my ILR??

[Amber]

Limited leave to enter/remain is different from ILR. However, do read the links below.

[jtorty]

i appreciate the response to my questions, but i didn't get the link you asked me to read please can you send it again? Thanks

[Amber]

https://www.gov.uk/government/uploads/s ... MASTER.pdf