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ILR with criminal convictions

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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advice2016
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ILR with criminal convictions

Post by advice2016 » Mon Aug 29, 2016 10:04 am

Hi everyone,
I am new to this site and a bit anxious about this all so any help would be appreciated. This may have been answered already but I could not find a relevant thread.

In July 2013 I was given a simple adult caution for possession of drugs (cannabis). I was later caught in possession again and in January 2015 I was given a court fine for possession of drugs (cannabis). My understanding is that once 24 months have passed from the last conviction I may apply for ILR - which would be January 2016 - my only worry is that because I was cautioned once and then received the conviction would this be counted as a repeat offender and thereby refused?

2013 I was given a simple adult caution.
2015 I was given a fine for possession.
I have no other charges or convictions. Would the above be counted as grounds for refusal?

Thanks,
Worried.

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: ILR with criminal convictions

Post by noajthan » Mon Aug 29, 2016 10:15 am

Welcome.

UKVI/HO certainly takes past patterns of behaviour into consideration when assessing various factors in an applicant's profile.

Even a pattern of, for example, relatively minor offences may be viewed as something more serious.
The sum being greater than the parts, if you will.

And there is the 'good character' requirement that comes into the equation if you have ambitions for the privilege of citizenship.

Obviously you can't undo what is done, all you can do is look for mitigating factors and/or wait for offences to time out.

It may be a good idea to reach out for other outlets.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

advice2016
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Posts: 8
Joined: Mon Aug 29, 2016 9:56 am

Re: ILR with criminal convictions

Post by advice2016 » Mon Aug 29, 2016 11:01 am

Hi there and thank you for the response.

That is exactly what worries me - the sum of the minor convictions counting as grounds for refusal.
I am trying to take things step-by-step and so at this stage my greatest concern is ILR. Could that be refused on these grounds, if I have waited the 24 months from the actual conviction?

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: ILR with criminal convictions

Post by noajthan » Mon Aug 29, 2016 11:15 am

advice2016 wrote:Hi there and thank you for the response.

That is exactly what worries me - the sum of the minor convictions counting as grounds for refusal.
I am trying to take things step-by-step and so at this stage my greatest concern is ILR. Could that be refused on these grounds, if I have waited the 24 months from the actual conviction?
ILR guidance is not so clear so its hard to say without someone 'on the inside'.
For naturalisation its much clearer with internal guidance available in the public domain.

Stand by for other views.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

advice2016
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Posts: 8
Joined: Mon Aug 29, 2016 9:56 am

Re: ILR with criminal convictions

Post by advice2016 » Mon Aug 29, 2016 11:51 am

I had read, online, that for ILR a court fine would be 2 years from date of conviction and for Naturalisation it was 3 years from date.
But if anyone has more information I would really appreciate it.

Will i never be able to become a citizen?

paru.org
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Posts: 202
Joined: Mon Dec 29, 2014 11:15 am
India

Re: ILR with criminal convictions

Post by paru.org » Tue Aug 30, 2016 9:49 pm

noajthan wrote:
advice2016 wrote:Hi there and thank you for the response.

That is exactly what worries me - the sum of the minor convictions counting as grounds for refusal.
I am trying to take things step-by-step and so at this stage my greatest concern is ILR. Could that be refused on these grounds, if I have waited the 24 months from the actual conviction?
ILR guidance is not so clear so its hard to say without someone 'on the inside'.
For naturalisation its much clearer with internal guidance available in the public domain.

Stand by for other views.
hi
i have 1 simple caution issued 14 jan 2015, now my ilr is due 05/12/2016 based on 10 yr long res, pls tell me is there any rule that u can't get ilr for 2yr preceeding date of caution,
thx

advice2016
Newly Registered
Posts: 8
Joined: Mon Aug 29, 2016 9:56 am

Re: ILR with criminal convictions

Post by advice2016 » Wed Aug 31, 2016 6:19 am

Hi there,

Yes, as far as I am aware in order to make a successful application for ILR you must not have had any convictions, even a simple adult caution, in the 24 months before making your application. Hope this helps, the Home Office has some more info on their website: it is on page 5/6 on the table.

https://www.gov.uk/government/uploads/s ... _0_ext.pdf

advice2016
Newly Registered
Posts: 8
Joined: Mon Aug 29, 2016 9:56 am

Re: ILR with criminal convictions

Post by advice2016 » Wed Aug 31, 2016 6:20 am

paru.org wrote:
noajthan wrote:
advice2016 wrote:Hi there and thank you for the response.

That is exactly what worries me - the sum of the minor convictions counting as grounds for refusal.
I am trying to take things step-by-step and so at this stage my greatest concern is ILR. Could that be refused on these grounds, if I have waited the 24 months from the actual conviction?
ILR guidance is not so clear so its hard to say without someone 'on the inside'.
For naturalisation its much clearer with internal guidance available in the public domain.

Stand by for other views.
hi
i have 1 simple caution issued 14 jan 2015, now my ilr is due 05/12/2016 based on 10 yr long res, pls tell me is there any rule that u can't get ilr for 2yr preceeding date of caution,
thx
I am not too good on these threads, I have replied below, not sure if you get a notification.

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