Immigrationboards.com

Hi i have recently applied for ILR after completing 6 years of DLR and just received an email from home office stating that i dnt qualify for ILR yet as it has not been 7 years yet since the end of my 4 year prison sentence. I paid £3300 for a ILR fast service and they are offering me 3 years DLR instead and want me to pay another £1200 NHS surcharge and reapply for ILR after 2 months.

History:
I was convicted of the possession of a false ID and was give 4 months imprisonment on 14/03/2012. I was arrested on the 3rd Feb 2012 and stayed on remand till the sentence hearing on 14/02/2012 where judge gave me 4 months and included the 40 days period of the demand in the sentence and i was release on the 2nd april 2012 and my sentence finished on 2nd june 2012.

Home office email states “ Thank you for your email. With regards to when your sentence is spent, Paragraph 322(1C)(iii) states

Ø they have been convicted of an offence for which they have been sentenced to imprisonment for less than 12 months, unless a period of 7 years has passed since the end of the sentence

The dates used to calculate the end of your sentence is from the date you are sentenced (14/03/2012 in your case) therefore 4 months from this date is 14/07/2019. We do not take into account if your sentence is reduced if it is reduced for time spent on remand.“

So what is your query ? HO is correct in their decision. You must extend for now until you are eligible for ILR

is there no way to convince them to accept the application as it’s only less than 2 months left before the 7 y time limit finishes. has anyone else ever had their application accepted when they still had a few months remaining before the 7 year time limit?

can i request them to hold the application and delay their decision on it for another 2 months until the 7 year time limit is reached?

No. The rules do not allow it