Varying from ILR application

Hi,

I have an pending ILR application with Home Office from Jan 2021.During 2021 February, I was convicted of Affray and was sentenced to do 150 hours of unpaid work . I have completed this on June 2021. I have since checked my immigration status with the Home Office through my employer and it has come as positive until now.

I would really appreciate if anyone can help me with the following questions I have

My current employer has agreed to sponsor me for a Tier 2 work permit, would I be able to switch over from an ILR application to Tier 2 application?

If yes Would my criminal conviction warrant a refusal on my Tier 2 application?

Once again I would really appreciate any feedback on this


Regards

See also criminality threshold.

Many Thanks for sharing the information Vinny.

Can I still vary my application from ILR to Tier 2?

I did go thorough the Criminality threshold grounds for refusal and confused on this part

Inciting public disorder
Where a person has engaged or intends to engage in activities that resulted in public
disorder or are likely to give rise to this, you must consider if they meet the threshold
for refusal or cancellation of permission on non-conducive grounds because it is
undesirable to allow them to enter or remain in the UK.
Examples of such behaviour include, but are not limited to:
• making or intending to make speeches (or similar) with the aim of inciting ethnic
and/or facial, religious or other discriminatory violence
• admitting the person may lead to an offence being committed by someone else
or an increased level of unacceptable behaviour - for example, the applicant
may have extreme views which if expressed could result in civil unrest and a
breach of the law
• advocating or being involved in rioting, violent disorder or affray
A person’s activities do not have to be politically motivated. For example, a known
football hooligan could be regarded as a public order risk.
If the applicant has been convicted of a public order offence, you must consider the
sentence handed down and if appropriate refuse or cancel permission under the
criminality grounds.

Could you please tell me if i will be still refused based on the threshold as I was convicted of affray

Thanks

Many Thanks for sharing the information Vinny.

Can I still vary my application from ILR to Tier 2?

I did go thorough the Criminality threshold grounds for refusal and confused on this part

Inciting public disorder
Where a person has engaged or intends to engage in activities that resulted in public
disorder or are likely to give rise to this, you must consider if they meet the threshold
for refusal or cancellation of permission on non-conducive grounds because it is
undesirable to allow them to enter or remain in the UK.
Examples of such behaviour include, but are not limited to:
• making or intending to make speeches (or similar) with the aim of inciting ethnic
and/or facial, religious or other discriminatory violence
• admitting the person may lead to an offence being committed by someone else
or an increased level of unacceptable behaviour - for example, the applicant
may have extreme views which if expressed could result in civil unrest and a
breach of the law
• advocating or being involved in rioting, violent disorder or affray
A person’s activities do not have to be politically motivated. For example, a known
football hooligan could be regarded as a public order risk.
If the applicant has been convicted of a public order offence, you must consider the
sentence handed down and if appropriate refuse or cancel permission under the
criminality grounds.

Could you please tell me if i will be still refused based on the threshold as I was convicted of affray

Thanks

I think the grounds for refusal under criminality under Part 9 no longer distinguish between Further Leave to Remain (FLR) and Indefinite Leave to Remain (ILR) applications. If they are going to refuse, then the application type may make no difference. So, there may be no point to vary an application from ILR to FLR?