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Criminal record and indefinite leave to remain

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

Moderators: Casa, push, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe

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Matt123
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Joined: Thu Apr 25, 2019 6:24 am
Nigeria

Criminal record and indefinite leave to remain

Post by Matt123 » Thu Apr 25, 2019 6:35 am

Hi, good day to you all, I have also a similar issue as I am almost due to apply for ILR, I was convicted for drink driving on the 5 December 2017 of a drink driving offence committed 21 November 2017. However I was banned from driving for 3 years but later reduced to 2 & half after appealing, this ban finishes just a week or two before my current spousal visa expires and I will be due to apply for my ILR, I just want to find out if the 24 months starts counting from my conviction date or from when I come off ban. Thanks

mansoorali
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Pakistan

Re: Criminal record and indefinite leave to remain

Post by mansoorali » Thu Apr 25, 2019 8:54 am

Under section 322 (1C)

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

If the date of conviction is less than 24month than the date of ILR application, it must be rejected.

mansoorali
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Pakistan

Re: Criminal record and indefinite leave to remain

Post by mansoorali » Thu Apr 25, 2019 8:55 am

Matt123 wrote:
Thu Apr 25, 2019 6:35 am
Hi, good day to you all, I have also a similar issue as I am almost due to apply for ILR, I was convicted for drink driving on the 5 December 2017 of a drink driving offence committed 21 November 2017. However I was banned from driving for 3 years but later reduced to 2 & half after appealing, this ban finishes just a week or two before my current spousal visa expires and I will be due to apply for my ILR, I just want to find out if the 24 months starts counting from my conviction date or from when I come off ban. Thanks
Under section 322 (1C)

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

If the date of conviction is less than 24month than the date of ILR application, it must be rejected.

jafersadeq
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Posts: 554
Joined: Sat Jun 20, 2015 1:14 am
Location: LONDON
Dominican Republic

Re: Criminal record and indefinite leave to remain

Post by jafersadeq » Thu Apr 25, 2019 9:39 am

mansoorali wrote:
Thu Apr 25, 2019 8:54 am
Under section 322 (1C)

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

If the date of conviction is less than 24month than the date of ILR application, it must be rejected.
The OP's question was: I just want to find out if the 24 months starts counting from my conviction date or from when I come off ban.

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Zimba
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Re: Criminal record and indefinite leave to remain

Post by Zimba » Thu Apr 25, 2019 11:29 am

It is 24 months from the day of court conviction. The rules say ILR must be refused if:
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.
Advice is given based on my personal research and experience only. DO NOT contact me via private messages for advice

Vivek112
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Joined: Tue Apr 23, 2019 3:40 pm
India

Re: Criminal record and indefinite leave to remain

Post by Vivek112 » Wed May 01, 2019 12:38 pm

Hey Zimba,

In new ILR application form is bit confusing me. Can you please let me know which option I need to choose from below for my DR10- Drink drive offence. shall I pick Option 1 or Option 2,

1) A criminal conviction.
Your criminal conviction Details.

2) A penalty for a driving offence, for example disqualification for speeding or no motor insurance.
Your driving offence:
Disqualification for speeding
No insurance
Something else

As you can see above options are both.

I am about to submit form, could you please let me know correct option ?


Thanks
Vivek

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CR001
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South Africa

Re: Criminal record and indefinite leave to remain

Post by CR001 » Wed May 01, 2019 12:44 pm

Vivek112 wrote:
Wed May 01, 2019 12:38 pm
Hey Zimba,

In new ILR application form is bit confusing me. Can you please let me know which option I need to choose from below for my DR10- Drink drive offence. shall I pick Option 1 or Option 2,

1) A criminal conviction.
Your criminal conviction Details.

2) A penalty for a driving offence, for example disqualification for speeding or no motor insurance.
Your driving offence:
Disqualification for speeding
No insurance
Something else

As you can see above options are both.

I am about to submit form, could you please let me know correct option ?


Thanks
Vivek
Kindly continue in your own topic you already have instead of tagging onto other members threads (this is the second topic you have tagged a duplicate post onto). Neither of the two topics you have tagged onto are general 'everyone can ask/post' topics, but are specific to the members who posted/started the thread.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Vivek112
Newly Registered
Posts: 16
Joined: Tue Apr 23, 2019 3:40 pm
India

Re: Criminal record and indefinite leave to remain

Post by Vivek112 » Wed May 01, 2019 12:47 pm

Sorry, I understand. I was about to submit my application now. It was last minute which I heard about this options. I copy that and I will follow in next time.

Apologies and please let me know if you know anything about this ?

Thanks

Matt123
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Posts: 2
Joined: Thu Apr 25, 2019 6:24 am
Nigeria

Re: Criminal record and indefinite leave to remain

Post by Matt123 » Thu Aug 22, 2019 10:58 am

Thanks everyone for enlightening me on all that I was worried about, I have still got some months to go before I can apply for ILR, I want to ask one more question please guys 🙏🏼 Before when we use to post applications, you can opt to go in person with your partner for your application which makes it kind of fast, is that still possible now and how does it work. I remember you just pay an extra £500-£600 for this service , please how does it work now?

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CR001
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South Africa

Re: Criminal record and indefinite leave to remain

Post by CR001 » Thu Aug 22, 2019 11:01 am

Before when we use to post applications, you can opt to go in person with your partner for your application which makes it kind of fast, is that still possible now and how does it work.
No, the service changed in November last year. The UKVI Premium Service Centres were closed. You now apply online and then book an appointment at the third party commercial partner, UKCVAS Sopra Steria, which is only to enrol biometrics and document checks. They are not UKVI staff. You only have two options for applying, Super Priority Service (24 hours) which is not guaranteed, this costs an extra £800 or you have Standard Service, which is 8 weeks.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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