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Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe
On what date did you enter the UK on your spouse visa in 2014?question 2> I am on 5 YRS spouse visa, i got my first spouse visa JAN 2014, so it is over 5years that i got my spouse visa. do i have to wait 28days before the expiry of my visa or 28days before the 5th years anniversary of my spouse visa?
thanks Zimba. i actually read somewhere else that suspended sentence is non custodian sentence and 24 months applies.
just find this on page 70 https://assets.publishing.service.gov.u ... .0-EXT.PDF
To respond to your non custodial sentence query will hurt your application. It will only hurt if You do not declare it. So I had received a penalty for disorderly conduct and even spent a night in the holding cell before being released in the morning after. I had to pay a penalty of £90. This was in jan 2016. I was still on my first LEave to remain visa. In March 2016, I applied for FLR , 3 months after my incident, and got my FLR. In Dec 2019, I applied for my ILR and declared my incident accordingly. Got my ILR approved. Not identical to your situation but hope it helps alleviate some stressCooljamz wrote: ↑Fri Jun 21, 2019 2:15 pmjust find this on page 70 https://assets.publishing.service.gov.u ... .0-EXT.PDF
Suspended sentences
A suspended prison sentence must be treated as a non-custodial sentence.
However, an exception occurs if the sentence is subsequently ‘activated’. This means the
person either re-offends or fails to adhere to or breaches the conditions attached to the
suspension of the sentence.
If the sentence is subsequently ‘activated’, the sentence length is the one originally imposed.
For example, if a person is sentenced to 12 months’ imprisonment, suspended for two years
and it is subsequently ‘activated’, the sentence must be 12 months.
thanks Rink13, your response and situation does allays some fears. many thanks to you for sharing your expereinceRink13 wrote: ↑Fri Jun 21, 2019 5:50 pmTo respond to your non custodial sentence query will hurt your application. It will only hurt if You do not declare it. So I had received a penalty for disorderly conduct and even spent a night in the holding cell before being released in the morning after. I had to pay a penalty of £90. This was in jan 2016. I was still on my first LEave to remain visa. In March 2016, I applied for FLR , 3 months after my incident, and got my FLR. In Dec 2019, I applied for my ILR and declared my incident accordingly. Got my ILR approved. Not identical to your situation but hope it helps alleviate some stressCooljamz wrote: ↑Fri Jun 21, 2019 2:15 pmjust find this on page 70 https://assets.publishing.service.gov.u ... .0-EXT.PDF
Suspended sentences
A suspended prison sentence must be treated as a non-custodial sentence.
However, an exception occurs if the sentence is subsequently ‘activated’. This means the
person either re-offends or fails to adhere to or breaches the conditions attached to the
suspension of the sentence.
If the sentence is subsequently ‘activated’, the sentence length is the one originally imposed.
For example, if a person is sentenced to 12 months’ imprisonment, suspended for two years
and it is subsequently ‘activated’, the sentence must be 12 months.