EEA Permanent Residence Application with a Criminal Record

Dear all,

I am married to a Romanian woman who will qualify for a Permanent Residence in October 2019, which is one year from now (probably she will apply for settled status instead of PR due to Brexit).

I married her in February 2017, so in February 2022 i will also qualify for the Permanent Residence (or settled status). Here is the catch, I have a criminal conviction of cannabis cultivation and was sentenced 18 months. I totally regretted my wrongdoing and that was the only crime I have ever committed in my life. Since that conviction, I have been a law-abiding citizen and stay innocent completely.

My question is, when I apply for my permanent residence, and subsequently citizenship later on, what is the chance of getting refused? It has brought me despair because the UK will not be subjected to EU law anymore in 2022.
Currently, my right of residency is automatic due to being EU family member, I can stay in the UK legally even without an EU residence card, so even if I get rejected for a permanent residence, I am still a legal resident in the UK. However, once the UK leaves the EU, that automatic right ceases to exist and I must apply for "settled status", and if I get rejected, I immediately become an "overstayer".

I really don't know what to do. Please, I hope the community here can kindly offer some knowledgeable advice. Thank you very much

When did you get convicted? Was the 18 month sentence a custodial/prison sentence?

NikiGio wrote: ↑

Wed Nov 14, 2018 4:08 pm

When did you get convicted? Was the 18 month sentence a custodial/prison sentence?

Hi, it was a custodial sentence and it was sentenced in March 2017

Presumably then your prison sentence ended in September 2018, and presuming also you're a non-EEA citizen.

Because the end of the custodial sentence is recent and of 12+ months duration - if you were to apply now for PR, it could have an effect on your application.

However, say you apply for Pre-Settled Status just before the deadline in June 2021 - nearly three years will have passed since the end of the sentence. So it may - fingers crossed - not affect the application. But of course we don't know if the rules will have changed by then. Obviously it will be key that you don't re-offend.

Have a look at:

https://www.freemovement.org.uk/how-to- ... al_records

https://www.freemovement.org.uk/what-is ... nationals/

For the BC application - for custodial sentences of between 12 months to 4 years, the application would normally be rejected unless 15 years have passed since the end of the sentence, in connection with the good character requirement.

See p.6 on here:
https://www.google.co.uk/url?sa=t&sourc ... 9SDlqv-E5H

Strongly suggest you book a consultation with a lawyer at some point before you apply for Pre-Settled Status.

Thanks a lot NikiGio, yeah i do know that my chance of getting British Citizenship is slim. However, regarding continuing to stay in the UK and Permanent Residence, let's say if I apply for Pre-Settled Status in December 2020 (December 2020 instead of June 2021 because the EU transition technically only covers until Dec 2020), EU law still prevails in the UK, and also provided that I stay out of every possible trouble, according to EU law, I should still be given another 5 years Pre-Settled Status because my conviction does not pose a serious security threat to the community, am I right in assuming so?

And regarding Permanent Residence, when I qualify for PR in 2023, EU law will have already ceased to apply in the UK and I will need to apply for ILR instead of PR. Currently, does the requirement for ILR include a good character?

The HO site says this on criminal convictions and Settled Status:

If you’ve been to prison, you’ll usually need at least 5 years’ continuous residence from the day you were released to be considered for settled status.

So as you say, it looks like your five years will start from Sep 2018, and you'll be eligible to apply for Settled Status in Sep 2023. Before that, you'll be able to apply for Pre-Settled Status.

aarontran2506 wrote: ↑

Wed Nov 14, 2018 6:18 pm

also provided that I stay out of every possible trouble, according to EU law, I should still be given another 5 years Pre-Settled Status because my conviction does not pose a serious security threat to the community, am I right in assuming so?

As far as I know, there are not yet enough details on Settled Status and criminal convictions - the links I sent you previously should shed some light. I undestand that people with criminal sentences longer than 1 year are considered dangerous criminals - however, Aire says the following re the right of EU nationals with serious criminal convictions to remain: (link is https://www.google.co.uk/url?sa=t&sourc ... UrbpirA1PN_)

A number of things must be taken into account when considering whether you should be deported from the UK. For example, if you are persistent criminal offender this will tend to show that you are a genuine, present and sufficiently serious threat to a fundamental interest of society. If you have been convicted of a criminal offence or have previously spent time in prison it is important to give any
evidence you have of rehabilitation courses or steps you have undertaken. If you can show that there are reasonable prospects of successful rehabilitation if you remain in the UK this can help to show that your deportation is not justified.

So again - not reoffending, following rehabilitation course and forging/maintaining strong links to the community will help make your case for not being a security threat.

This should also assist in understanding the “present a sufficiently serious threat” element:
https://www.google.co.uk/url?sa=t&sourc ... 7DjVaiVoG9

aarontran2506 wrote: ↑

Wed Nov 14, 2018 6:18 pm

And regarding Permanent Residence, when I qualify for PR in 2023, EU law will have already ceased to apply in the UK and I will need to apply for ILR instead of PR. Currently, does the requirement for ILR include a good character?

Don't know anything about ILR applications unfortunately - not savvy on UK immigration path.

You should connect with the Aire Centre, UKCEN and The Good Law Project to understand more - they can give you initial pro-bono legal advice and direct you to immigration lawyers with the right specialism.

Good luck and keep out of trouble