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long residence extension visa and custodial sentence

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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Babar395
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Posts: 1
Joined: Wed May 15, 2019 12:01 am
Pakistan

long residence extension visa and custodial sentence

Post by Babar395 » Tue Jun 18, 2019 8:38 pm

hello guys , please help me !
i came to uk on february 2004. so far i have stayed in uk for 15years 4months. all my visas are valid and no gap, currently i am on spouse visa. On september 2013,i was sentenced to prison for 3 months for selling counterfeit goods . now i plan to apply ILR . i did some research on immigration rude of long residence.regrading Continuous residence ,quote as below:

Continuous residence is broken if an applicant receives a custodial sentence by a court of
law and is sent to:
 prison
 a young offender’s institution, or
 a secure hospital.
Any time the applicant spends in one of the above establishments does not count as
continuous leave for the purposes of meeting 276A and 276D of the Immigration Rules. Any
leave accumulated before sentencing will be disregarded and only residence after release
from custody will be counted as continuous residence.
Continuous residence is not broken if an applicant receives a suspended sentence from a
court of law.

it seems i cant not apply ILR on the basis of long residence . but as i have stayed in uk more than 10 years , base on European law on human right , can i still get further leave to remain for 2 years . i saw a similar case on the web ,a guy was given 2years further leave on the basis of long residence but he broke the law in the past .
please help me on this matter.

many thanks

babar395

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zimba
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Posts: 23674
Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
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United Kingdom

Re: long residence extension visa and custodial sentence

Post by zimba » Wed Jun 19, 2019 1:50 am

You cannot get ILR. You may have to apply to stay under FLR(FP)
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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