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ILR A[[LICATION WITH SUSPENDED CONVICTION 2YEARS AGO

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

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Cooljamz
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ILR A[[LICATION WITH SUSPENDED CONVICTION 2YEARS AGO

Post by Cooljamz » Thu Jun 20, 2019 9:21 am

question 1> I had a suspended sentence and community service February 2017. its over two years now. i am sure i have to declare it during my application. i would like to ask if this will hurt my application?

question 2> I am on 5 YRS spouse visa, i got my first spouse visa JAN 2014, so it is over 5years that i got my spouse visa. do i have to wait 28days before the expiry of my visa or 28days before the 5th years anniversary of my spouse visa?

i will appreciate expert enlightenment on these. many thanks

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Re: ILR A[[LICATION WITH SUSPENDED CONVICTION 2YEARS AGO

Post by CR001 » Thu Jun 20, 2019 9:23 am

question 2> I am on 5 YRS spouse visa, i got my first spouse visa JAN 2014, so it is over 5years that i got my spouse visa. do i have to wait 28days before the expiry of my visa or 28days before the 5th years anniversary of my spouse visa?
On what date did you enter the UK on your spouse visa in 2014?
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Cooljamz
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Re: ILR A[[LICATION WITH SUSPENDED CONVICTION 2YEARS AGO

Post by Cooljamz » Thu Jun 20, 2019 11:35 am

i entered the UK 15 January, 2011 but transitioned into spouse visa 11 January 2014.
my last application for extended leave to remain took 8 month to be granted and when it came out it wasn't back dated so in total i have been on spouse visa more than 5 years.

Can i apply for ILR now or i have to wait 28days before expiration of my extended leave to remain which is November 2019

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Re: ILR A[[LICATION WITH SUSPENDED CONVICTION 2YEARS AGO

Post by Zimba » Thu Jun 20, 2019 12:23 pm

What do you mean it was not backdated ???! Time spent waiting for an in-time extension counts towards the lawful stay.
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Re: ILR A[[LICATION WITH SUSPENDED CONVICTION 2YEARS AGO

Post by Cooljamz » Thu Jun 20, 2019 4:51 pm

Thank you @ Gimba. it was not backdated i means i apllied for extended leave june 2016 but got response april 2017 . my card showed issued date april 2017. i was not back dated to the date i applied.

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Re: ILR A[[LICATION WITH SUSPENDED CONVICTION 2YEARS AGO

Post by CR001 » Thu Jun 20, 2019 4:56 pm

It never is "backdated". It is always valid from the date of decision and approval.
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Re: ILR A[[LICATION WITH SUSPENDED CONVICTION 2YEARS AGO

Post by Cooljamz » Thu Jun 20, 2019 7:53 pm

CR001 wrote:
Thu Jun 20, 2019 4:56 pm
It never is "backdated". It is always valid from the date of decision and approval.
please can you advice on my first question ?

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Re: ILR A[[LICATION WITH SUSPENDED CONVICTION 2YEARS AGO

Post by Zimba » Fri Jun 21, 2019 12:41 am

A suspended imprisonment sentence is a custodial sentence. A custodial sentence leads to an ILR refusal unless minimum of 7 years have passed since the end of the sentence. The 24 months rule only applies to NON-custodial sentences
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Re: ILR A[[LICATION WITH SUSPENDED CONVICTION 2YEARS AGO

Post by Cooljamz » Fri Jun 21, 2019 2:02 pm

Zimba wrote:
Fri Jun 21, 2019 12:41 am
A suspended imprisonment sentence is a custodial sentence. A custodial sentence leads to an ILR refusal unless minimum of 7 years have passed since the end of the sentence. The 24 months rule only applies to NON-custodial sentences
thanks Zimba. i actually read somewhere else that suspended sentence is non custodian sentence and 24 months applies.

Not trying t justify myself but from the gov.uk site i read that conditional discharge also known as suspended sentence is non custodian sentence is under the 24month rules

---))))))
This page tells you how to consider an application when an applicant has or has had an
absolute and conditional discharge.
Discharges are a type of sentence where the person is found guilty of an offence but they
receive no punishment. There are two types:
• A conditional discharge. This adds a condition where, provided no further offence is
committed in a period set by the court, no specific penalty is applied for the specific
offence. If a person commits another offence during that time, they can be sentenced
for the first offence and the new one.
• An absolute discharge. This is unconditional. It is a sentence for which the court
decides the experience of going to court is punishment enough. However, the offender
still gets a criminal record.
Both conditional and absolute discharges form a part of a person's criminal record and count
as a non-custodial sentence for immigration(((((((((((((

Cooljamz
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Re: ILR A[[LICATION WITH SUSPENDED CONVICTION 2YEARS AGO

Post by Cooljamz » Fri Jun 21, 2019 2:15 pm

Zimba wrote:
Fri Jun 21, 2019 12:41 am
A suspended imprisonment sentence is a custodial sentence. A custodial sentence leads to an ILR refusal unless minimum of 7 years have passed since the end of the sentence. The 24 months rule only applies to NON-custodial sentences
just find this on page 70 https://assets.publishing.service.gov.u ... .0-EXT.PDF


Suspended sentences
A suspended prison sentence must be treated as a non-custodial sentence.

However, an exception occurs if the sentence is subsequently ‘activated’. This means the
person either re-offends or fails to adhere to or breaches the conditions attached to the
suspension of the sentence.
If the sentence is subsequently ‘activated’, the sentence length is the one originally imposed.
For example, if a person is sentenced to 12 months’ imprisonment, suspended for two years
and it is subsequently ‘activated’, the sentence must be 12 months.

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Re: ILR A[[LICATION WITH SUSPENDED CONVICTION 2YEARS AGO

Post by Zimba » Fri Jun 21, 2019 2:51 pm

It seems under immigration rules your interpretation is correct.
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Re: ILR A[[LICATION WITH SUSPENDED CONVICTION 2YEARS AGO

Post by Rink13 » Fri Jun 21, 2019 5:50 pm

Cooljamz wrote:
Fri Jun 21, 2019 2:15 pm
Zimba wrote:
Fri Jun 21, 2019 12:41 am
A suspended imprisonment sentence is a custodial sentence. A custodial sentence leads to an ILR refusal unless minimum of 7 years have passed since the end of the sentence. The 24 months rule only applies to NON-custodial sentences
just find this on page 70 https://assets.publishing.service.gov.u ... .0-EXT.PDF


Suspended sentences
A suspended prison sentence must be treated as a non-custodial sentence.

However, an exception occurs if the sentence is subsequently ‘activated’. This means the
person either re-offends or fails to adhere to or breaches the conditions attached to the
suspension of the sentence.
If the sentence is subsequently ‘activated’, the sentence length is the one originally imposed.
For example, if a person is sentenced to 12 months’ imprisonment, suspended for two years
and it is subsequently ‘activated’, the sentence must be 12 months.
To respond to your non custodial sentence query will hurt your application. It will only hurt if You do not declare it. So I had received a penalty for disorderly conduct and even spent a night in the holding cell before being released in the morning after. I had to pay a penalty of £90. This was in jan 2016. I was still on my first LEave to remain visa. In March 2016, I applied for FLR , 3 months after my incident, and got my FLR. In Dec 2019, I applied for my ILR and declared my incident accordingly. Got my ILR approved. Not identical to your situation but hope it helps alleviate some stress

Cooljamz
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Re: ILR A[[LICATION WITH SUSPENDED CONVICTION 2YEARS AGO

Post by Cooljamz » Sat Jun 22, 2019 7:50 am

Rink13 wrote:
Fri Jun 21, 2019 5:50 pm
Cooljamz wrote:
Fri Jun 21, 2019 2:15 pm
Zimba wrote:
Fri Jun 21, 2019 12:41 am
A suspended imprisonment sentence is a custodial sentence. A custodial sentence leads to an ILR refusal unless minimum of 7 years have passed since the end of the sentence. The 24 months rule only applies to NON-custodial sentences
just find this on page 70 https://assets.publishing.service.gov.u ... .0-EXT.PDF


Suspended sentences
A suspended prison sentence must be treated as a non-custodial sentence.

However, an exception occurs if the sentence is subsequently ‘activated’. This means the
person either re-offends or fails to adhere to or breaches the conditions attached to the
suspension of the sentence.
If the sentence is subsequently ‘activated’, the sentence length is the one originally imposed.
For example, if a person is sentenced to 12 months’ imprisonment, suspended for two years
and it is subsequently ‘activated’, the sentence must be 12 months.
To respond to your non custodial sentence query will hurt your application. It will only hurt if You do not declare it. So I had received a penalty for disorderly conduct and even spent a night in the holding cell before being released in the morning after. I had to pay a penalty of £90. This was in jan 2016. I was still on my first LEave to remain visa. In March 2016, I applied for FLR , 3 months after my incident, and got my FLR. In Dec 2019, I applied for my ILR and declared my incident accordingly. Got my ILR approved. Not identical to your situation but hope it helps alleviate some stress
thanks Rink13, your response and situation does allays some fears. many thanks to you for sharing your expereince

Cooljamz
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Online application for ILR 5years

Post by Cooljamz » Tue Aug 06, 2019 11:16 pm

I have submitted my application online and have paid for the standard service. I have also attended appointments to scan my documents and did my biometrics.
I discovered that my photographs passport and my wife photograph passport was not scanned. I asked the attendant but she said it's not needed.

Can I ask anyone on this forum if I need to post it to home office and what will happen next.
This new process is confusing , I was not given any paper work to show I have done my biometrics.
Please can someone share their experiences

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Re: ILR A[[LICATION WITH SUSPENDED CONVICTION 2YEARS AGO

Post by Zimba » Tue Aug 06, 2019 11:34 pm

UKVCAS staff know what to scan and upload. If any document is missing you'll be asked to send them. Simply wait to hear back
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Re: ILR A[[LICATION WITH SUSPENDED CONVICTION 2YEARS AGO

Post by jamie4321 » Sat Jan 11, 2020 11:50 am

Please update your case, I am in the same situation. Thanks

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