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Indefinate leave to remain with a criminal record of 12months

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Margyjep
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Posts: 1
Joined: Thu May 19, 2022 8:03 pm
Kenya

Indefinate leave to remain with a criminal record of 12months

Post by Margyjep » Thu May 19, 2022 8:16 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.
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Casa
Moderator
Posts: 25685
Joined: Wed Jul 23, 2008 2:32 pm

Re: Indefinate leave to remain with a criminal record of 12months

Post by Casa » Thu May 19, 2022 9:04 pm


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
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.
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avjones
Diamond Member
Posts: 1568
Joined: Wed May 16, 2007 5:43 pm
Location: London

Re: Indefinate leave to remain with a criminal record of 12months

Post by avjones » Mon May 23, 2022 1:15 pm

Margyjep wrote: ↑
Thu May 19, 2022 8:16 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?
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.
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