Will non-custodial offence affect ILR renewal application ?

IM345 · Post by **IM345** » Wed Nov 29, 2023 9:37 pm

Hi Folks,

Thank you very much for the good work that you are doing.

Please, I am making enquiries for someone who was convcited of sexual assault (2019). It was a non-custodial sentence. He was sentenced to community service & about 20 hours of rehabilitation time with a Parole Officer.

But he has to register on the Sex Offender's Register (for notifications).

The person will come off the register in March, 2024.

The person's ILR renewal is due by December next year.

Please, can you advise what the effect of the conviction & the fact that the person has been on the Sex Offender's Register have on the ILR renewal application; given the latest criminality guidance checks from the Home Office - https://assets.publishing.service.gov.u ... nality.pdf ?

The Parole Officer was very impressed with his conduct during their work together & wrote a letter of support (in August, 2020) when the Home Office wanted to cancel his ILR (they had a check on his record due to his wife's visa application & they saw his offence).

The letter from the Parole Officer & case law was sent to the Home Office & that prevented the Home Office from taking further action.

There appears to have been some changes made to the latest criminality guidance checks (regarding someone been on the Sex Offenders' Register - end of Page 31 of document). So, the person wanted to know what effect the changes might have, please.

Thanks very much..

Post by **Ticktack** » Wed Nov 29, 2023 11:36 pm

IM345 wrote: ↑
Wed Nov 29, 2023 9:37 pm
Hi Folks,

Thank you very much for the good work that you are doing.

Please, I am making enquiries for someone who was convcited of sexual assault (2019). It was a non-custodial sentence. He was sentenced to community service & about 20 hours of rehabilitation time with a Parole Officer.

But he has to register on the Sex Offender's Register (for notifications).

The person will come off the register in March, 2024.

The person's ILR renewal is due by December next year.

Please, can you advise what the effect of the conviction & the fact that the person has been on the Sex Offender's Register have on the ILR renewal application; given the latest criminality guidance checks from the Home Office - https://assets.publishing.service.gov.u ... nality.pdf ?

The Parole Officer was very impressed with his conduct during their work together & wrote a letter of support (in August, 2020) when the Home Office wanted to cancel his ILR (they had a check on his record due to his wife's visa application & they saw his offence).

The letter from the Parole Officer & case law was sent to the Home Office & that prevented the Home Office from taking further action.

There appears to have been some changes made to the latest criminality guidance checks (regarding someone been on the Sex Offenders' Register - end of Page 31 of document). So, the person wanted to know what effect the changes might have, please.

Thanks very much..

ILR isn't renewed if the person is in-country, meaning if he/she hasn't left the country for so long that it lapses. It's the evidence of ILR that gets renewed. ILR is permanent hence the name Indefinite (No ending) Leave to Remain.
It's almost like someone that has a passport, the passport has an expiry date. That doesn't mean that at the end of the passport expiration, the person ceases to be from that country. It just means that the evidence needs to renewed.

Like you said, his ILR wasn't cancelled by the HO. Which is a possibility and within their powers, based on serious crimes.

IM345 · Post by **IM345** » Thu Nov 30, 2023 12:24 am

Hi,

Thank you so much for your prompt response.

Pardon the error. Yes, you are right.

It is the card / evidence that gets renewed.

Also, the person said that his wife was granted ILR status last year June. He is her sponsor & they didn't stress him about his offence. They gave his wife the ILR status / BRP card promptly. He believes that since they gave his wife the ILR Card easily, his ILR card renewal shouldn't be an issue.

He wanted to know what the effect the new rules may have on him getting the ILR card renewed.

1ce again, thanks so, so much.

Really, really appreciate it !!

Post by **AmazonianX** » Thu Nov 30, 2023 1:00 am

IM345 wrote: ↑
Thu Nov 30, 2023 12:24 am
Hi,

Thank you so much for your prompt response.

Pardon the error. Yes, you are right.

It is the card / evidence that gets renewed.

Also, the person said that his wife was granted ILR status last year June. He is her sponsor & they didn't stress him about his offence. They gave his wife the ILR status / BRP card promptly. He believes that since they gave his wife the ILR Card easily, his ILR card renewal shouldn't be an issue.

He wanted to know what the effect the new rules may have on him getting the ILR card renewed.

1ce again, thanks so, so much.

Really, really appreciate it !!

The new rule I believe is for those just starting or applying for ILR. You have ILR already and it does not expire neither was it revoked.
You are only applying for the proof of this status and would say it shouldn't have an impact.

Post by **zimba** » Thu Nov 30, 2023 2:36 am

What new rules ? The criminality 'grounds for refusal' under the link you shared are for people applying for immigration application. Settled status (ILR) is a permanent status and is NOT renewed as you have been advised.

ILR can be only revoked in very specific circumstances (e.g. comitting war crimes): https://assets.publishing.service.gov.u ... _leave.pdf

All BRP cards are being phased out from 1 Jan 2025
All BRPs are only issued with validity till the end of 2024. A new digital proof of status system will be introduced possibly from early 2024. After the end of 2024, that system will exclusively be used for checking a migrant's status instead of a BRP and all BRPs will be phased out.

The person in question does not need to do anything and his ILR will be unaffected. He will not be able to secure citizenship for a long time though

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Will non-custodial offence affect ILR renewal application ?

Will non-custodial offence affect ILR renewal application ?

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