Immigrationboards.com

Hello everyone,

My Situation:

My application for Indefinite Leave to Remain has been refused under the Refusal Paragraph 322(1C)(iv).

Although the case worker has refused my application under the Refusal Paragraph 322(1C)(iv), my application has been considered under Paragraph A277A Transitional Arrangements. I have been granted permission to stay for 24 months.

I was given a Police Caution about 19 months ago. Now according to the Refusal Paragraph 322(1C)(iv), the period of 24 months has not passed since I was issued with the Police Caution.

At the time of the incident, I had asked the Police if the Police Caution will affect my ILR application or not, and I was verbally told that "IT WILL NOT AFFECT ANY APPLICATION I APPLY TO THE UKBA AS THIS IS NOT A CRIMINAL RECORD". Hence I did not declare this in my application form.


My Question:

a. Is the above decision made by the case worker correct?

b. If the above decision is correct the will I be able to apply for ILR again as soon as the period of 24 months (I have only 5 more months left) passes according to the Refusal Paragraph 322(1C)(iv)?
or,
Do I have to wait for the full 24 months permission to stay granted by the case worker to apply for ILR?

c. And my last question is, have I been granted permission to stay according to the old Immigration Rules or the New Immigration Rules (i.e. requirement of £18,600)?


Thank you very much for looking.

What happened exactly? Did you get the caution through court?

rafiz wrote:What happened exactly? Did you get the caution through court?

Thank you for replying.

It was just a simple Caution at the Police Station.

Under which category did you apply? Did they grant you an extension of your visa or did they grant you discretionary leave.

I am not a solicitor but I believe that you should be able to apply after 24 months from date of caution.

can you please tell me reason for refusal please?

sajjuz wrote:Under which category did you apply? Did they grant you an extension of your visa or did they grant you discretionary leave.

I am not a solicitor but I believe that you should be able to apply after 24 months from date of caution.

Thank you very much for replying.

I had applied for ILR. Previously I was here on a 2 year Spouse Visa.

Yes I have been granted 24 months permission to stay under Paragraph A277A Transitional Arrangements.

jayacpr wrote:can you please tell me reason for refusal please?

Reason for refusal:

within the 24 months preceding the date of the application, been convicted of or admitted to an offence and received a non-custodial sentence or other out of court disposal recorded on their criminal record.

Can one of the senior members please, please reply to my questions?

Thank you very much.

Well u hv been given a caution by police and this is recorded on PNC,thats y caseworker was able to see your caution.

Secondly there is nothing to do with police to say that a caution will not affect ur immigration application .This is your responsibility to check the rules regarding criminality threshold.

riz1986 wrote:Well u hv been given a caution by police and this is recorded on PNC,thats y caseworker was able to see your caution.

Secondly there is nothing to do with police to say that a caution will not affect ur immigration application .This is your responsibility to check the rules regarding criminality threshold.

Thank you for replying.

Yes it was foolish of me to trust the words of the police officer. The damage has already been done and I have learnt my lesson.

Can you please then advise me about Question no. b & c?

Thank you.

Can one of the senior members please, please reply to my questions?

Thank you very much.

The decision appears to be correct.

You may apply for SET(M), after 5 more months, under 288 (2-year route).

vinny wrote:The decision appears to be correct.

You may apply for SET(M), after 5 more months, under 288 (2-year route).

Thank you so much for replying Vinny.

I have one last question, do I need to do CRB check or something similar when I re-apply?

Thank you again.

SilentEyes wrote:

vinny wrote:The decision appears to be correct.

You may apply for SET(M), after 5 more months, under 288 (2-year route).

Thank you so much for replying Vinny.

I have one last question, do I need to do CRB check or something similar when I re-apply?

Thank you again.

Hello,

You cannot apply for CRB as an individual, however you can apply for (Basic disclosure) online, which states that (Basic disclosure) only shows any 'Unspent' Convictions. Link given below; Hope this helps you.

https://www.disclosurescotland.co.uk/ba ... /index.htm

Note that A277A(a and b) makes it clear that you are still subject to the old rules, 285, 288.

After 5 months time, 322(1C)(iv) won't be applicable and you should meet the requirements of 288.

There's no harm in quoting the rules in a covering letter when you apply again.

vinny wrote:Note that A277A(a and b) makes it clear that you are still subject to the old rules, 285, 288.

After 5 months time, 322(1C)(iv) won't be applicable and you should meet the requirements of 288.

Thank you so much for generously sharing your time and expertise.

may i just ask ;
have you applied in person or post?
how long did it take to get the result of your application?

broken leg wrote:may i just ask ;
have you applied in person or post?
how long did it take to get the result of your application?

Applied by post.

About two and half months.

Hi everyone,

Earlier I had been granted extension to stay under Paragraph 285 of the Immigration Rules.

It is time for me to re-apply for ILR again.

But I just read the first page of the SET(M) form, and it says the following:

If your last grant of leave was not issued under Paragraph 281, 284, 295A or 295D
under Part 8 of the Immigration Rules you MUST NOT apply using this form. If you
have not had leave under one of these categories and apply using this form you will
be refused indefinite leave to remain under the Immigration Rules

I am confused, I had been granted extension to stay under Paragraph 285 of the Immigration Rules, so which application form should I use?

Many thanks for your help.

Did you read 285?

285 wrote:An extension of stay as the spouse or civil partner of a person present and settled in the United Kingdom may be granted for a period of 2 years in the first instance, provided the Secretary of State is satisfied that each of the requirements of paragraph 284 is met.

Therefore, you may use SET(M).

vinny wrote:Did you read 285?

285 wrote:An extension of stay as the spouse or civil partner of a person present and settled in the United Kingdom may be granted for a period of 2 years in the first instance, provided the Secretary of State is satisfied that each of the requirements of paragraph 284 is met.

Therefore, you may use SET(M).

Thank you so so much Vinny for replying

Yes I did read Paragraph 285. I was thinking that as well. Paragraph 285 should have relation with Paragraph 284 as it states at the end. But I wasn't confident at all. Thank you for highlighting the "284" part.

Thank you very much again for all the help you have provided me through my ordeal.

Paragraph 285 instructs the caseworkers on the period of leave they may grant to applicants who satisfy the requirements of 284.

vinny wrote:Paragraph 285 instructs the caseworkers on the period of leave they may grant to applicants who satisfy the requirements of 284.

Thank you very much again for the clarification

vinny wrote:Paragraph 285 instructs the caseworkers on the period of leave they may grant to applicants who satisfy the requirements of 284.

Hi Vinny,

I have almost completed filling up the form. If you can please help me one last time, I just need to clarify one more thing.

On the last page of the SET(M) application form, it says:

You should photocopy each of these documents and provide the copies in addition to the originals

Do I really need to photocopy each of the documents and send it to them?

Many thanks for your help.