Immigrationboards.com

Hi

I have read many threads but unable to find any case similar to my situation.

Unfortunately, I had a conviction in March 2016 which bars me to apply for ILR until 24 months has passed i.e. March 2018. However, I have completed my 10 years in Sept 2016, can someone tell me as how can I further extend my stay as my visa is expiring soon. I am currently under Tier 1 General category.

Any advice from moderators or experienced users is highly welcomed. I am in kind of dilemma where I don't know what to do.

Thank you

It's no longer possible to extend a Tier 1 General visa.

Hi Casa,

I understand it is no longer possible to extend under Tier 1 but what are my prospects as I have now completed 10 yrs in the UK. Can I extend under further leave to remain under any other category. I have heard of FLR(LR). Can I apply under FLR(LR) if ineligible under SET(LR).

Thanks

FLR(LR) is only for those who have completed 10 years legal residence but aren't able to meet the knowledge of language and life in the UK requirement.

I take Parking fine is not considered a conviction and should not be an issue for ILR. Am I correct ?

I have read following in the Long residence guidance "link below". As I currently fall under the general grounds for refusal, I can apply for leave to remain. Correct me If I am wrong


https://www.gov.uk/government/uploads/s ... .0_EXT.pdf

Key facts
This page shows you the key facts for the 10 year long residence route.
Eligibility requirements Indefinite leave
The applicant must meet the following requirements:
 The applicant must have:
o 10 years continuous lawful residence
 There are no reasons why it would be against the public
interest to grant leave, taking into account the applicant’s:
o age
o strength of connections to the UK
o personal history, including character, conduct,
associations and employment record
o domestic circumstances
o compassionate circumstances
o any representations received on the person’s behalf
 The applicant must meet the knowledge of language and
life requirement.
 The applicant must not fall for refusal under the general
grounds for refusal.
 If the application was made after 9 July 2012 the applicant
must not be in breach of immigration laws, except for any
period of overstaying for 28 days or less which will be
disregarded. Or
 If the application was submitted before 9 July 2012 periods
of overstaying are not subject to the 28 days or less rule,
however you can disregard one period of overstaying up to
a maximum of 10 days.

Leave to remain
The applicant must meet all the requirements to be granted
indefinite leave except:
 the knowledge of language and life requirement, and
 the requirement not to fall for refusal under the general
grounds for refusal.

IMHO I think you may scuppered your chances with your criminal conviction

personal history, including character, conduct,
associations and employment record

Wouldn't the character requirement contradicts if the applicant automatically falls for general grounds of refusal which they exempted in FLR applications. If we look at the character requirement then I think nobody will able to successfully apply for ILR even after passing 24 months.