Immigrationboards.com

Dear Friends,

i have recently been convicted after 4 years of investigation for 21 month imprisonment suspended for 2 years, the judged ruled out the prosecution request of deportation and suggested me to fight with the home office by myself.

i came to the uk in 2010 as a student and changed to tier 2, during which i was arrested and investigated for almost 4 years and at the time i had made a visa extension for tier 2, the decision for the extension has already elapsed 2 years as my investigation was pending and hasen't been finalised although 4 moths have passed since my conviction.

My one of the solicitor has advised me to apply for flro based on private life in uk, but i am single never married although i have lived in the uk for almost 10 years, it seems very difficult to prove it.

my other solicitor has advised me to apply for the same and change the application to flro fp based on 10 year once i complete my 10 year in the uk, which is 0n jan 28.


my question is has any one in the forum been in the same situation like me what would be the best strategy to go ahead with the application and how likely it is for me to get the discretionary leave.

i was a victim and used as a money mule......and convicted for money laundering

Thank you.

You suspended sentence will be treated as a non-custodial sentence as long as it is not activated. So for the next two years you cannot get ILR. Assuming your extension was in-time, I presume you have had section 3C all that time. Do you still have a sponsor and working for that Tier 2 sponsor ? If yes, then you better follow up on the Tier 2 extension and remain under Tier 2 until you are eligible for ILR in 2 years (2 years passed since the conviction)
Otherwise you may have to apply under FLR(FP) but as your 10 years is not complete it can be refused before Jan so there is that risk.

Thank you very much for your reply Zimba, unfortunately my sponser have surrendered the license recently although it is still showing up in the tier2 sponser list. i am looking forward to apply for the flro private life and switch to flro (fp) once 10 year is complete, just to clarify i am not criminal and do not have criminal upbringing, just wrong place and wrong judgement.... my question is, how likely is the application to be successful at first instant and after going through the court procedure.....

FLR(FP) can takes several months to be decided however if you do not have 10 years it can be refused. FLR(FP) comes with a right of appeal, so even in the case of refusal there might be a way of fighting it until you get the 10 years. With 10 years, you should also be eligible under FLR(LR)

hi zimba thank you for your help, i have another question which is, if i am eligible to apply for flro lr 28 days prior to completing my 10 years in to the uk.

my 10 year will complete on 28 jan 2020 and if i would be eligible to apply for flro lr on 1 jan 2020 as any other application, i have only been outside the uk in the past 10 years for around 40 days.

Regards

Yes, you can apply for FLR(LR) within 28 days

I am preparing to apply for flr lr in 2 months time by withdrawing my pending flr fp could somebody assist me the procedure and the required documents for flro lr and can i used the premium service for the same?
thank you

You should not withdraw your previous application. You should vary it to FLR(LR). There is no premium centers anymore. All applicants must attend their appointments in person. A super priority option may not be available

you are a gem thank you for assisting me zimba.......i had submitted the documents to the home office today for flro fp, they kept my passport and returned all the other documents, it seemed to me as a normal routine if some body apply to uk visa centre with criminal record and was asked if i would be happy to attend if called for an interview in future .

i would like to be ready before i vary my application to flro lr in 2 months time ....i need your help if you could assist me how do i do that. thanks in advance

Dear Zimba Thank you very much for your reply, i have done research on varying and all seems to be perfect except form one fact that people in the forum have different opinion in regards to paying the fee when varying the application. my question in when new application is made before the refusal, do we still have to pay the fee for the varying application and wait for the refund for the previous application or if we just have to pay the difference. my understanding is when applyling in present contex we are not in the position to pay the difference hence we have to wait for the refund.

please i would be delighted if you could thrw some light on it.

You have to pay the new fee when you apply online otherwise you cannot submit an application.

thnak you cr001
would it be possible to vary the application by myself from flro fp to flro lr or should i have the solicitior do this for me ......if some body could help me with the documents required thanks

i am preparing vary my flro fp to flro lr, during which i came to the following line in the home office information booklet.

If the applicant has less than 20 years residence in the UK, you must grant 2 years
leave to remain on the same condition code they had in their previous grant of leave.
This applies even where the applicant would not qualify for further leave in that
category if they were to apply separately for it, or if that category no longer exists.
To ensure that the applicant is granted leave with the same conditions when using
condition codes 2/4 or 4B, check the conditions code table.

my question is i was on tier 2 before applying for flro fp but now since my sponser is no more active i am currently out of work, if i am correct i might be granted for an extension of 2 years on the same condition code i had in my previous grant of leave that is tier 2 ....i am totally confuse and require some help here...will i be allowed to work if my extension is approved. Regards

That is not relevant to you. Leave under FLR grants right to work

On 6th January 2014, the Home Office received an application from Mr xxx for Leave to Remain in the UK as a Tier 4 General Student, to study for an ACCA - The Association of Chartered Certified Accountants, at the xxx College.

On 22nd January 2014, the application was refused, with a right of appeal.

On 22nd April 2014, mr xxx lodged an appeal.

On 2nd October 2014, the Home Office received an application from mr xxx for Leave to Remain in the UK as a Tier 2 Skilled Worker General Migrant.

On 14th October 2014, Mr xxx was granted Leave to Remain in the UK as a Tier 2 Skilled Worker General Migrant, until 1 8th November 2017, on condition that recourse to public funds was prohibited, able to work with licensed sponsor, XXX, any changes must be authorised.

Dear All, above is the part of my 10 year residency in the uk of which i am particularly concern unless somebody can shed some light on it. Thanks in advance.

i am planning to vary my flro fp to flro lr in a month time based on completing 10 years of lawful residence.

However, My question is on page as on 22nd January 2014 my application was refused with right of appeal. at a time i did not received any the refusal letter to my home address instead i received a message to my phone that my visa is refused and no longer have right to remain in uk. I call the home office instantly and they accepted that i have not received the letter and have resend the refusal letter to me.

and on 22nd April 2014 i made and appeal once i have received the letter ……

as i was refused on 22nd January 2014, and on 22nd April 2014, lodged an appeal will the time frame between these two dates will this still be consider as legal under immigration s3c an no gap in order to be eligible for 10 year visa extension,as i said previously i did not received the rejection letter on time.

Thank you very much for any suggestion. pleas note the above data was obtained from home office personally that they have stored about me.

hi,

i am very stressed if any one could tell me the likelihood of getting extension based on flr lr 10 years route due to recent criminal conviction resulting in suspended sentences.

Regards

If you did not get the letter, then your were protected under section 3C as decision had to be served. I assume your appeal was also accepted as in-time ??! Your criminal record does not affect your extension

Thank you very much for your reply, yes my appeal was also accepted in time, i am going to apply for the flr lr on 16 of this month, i would be highly obliged if you could throw some light as as to what you ment by "Your criminal record does not affect your extension".

It means just that. Refusals under 322(1C) apply to ILR applications, not extensions.

“276A1.The requirement to be met by a person seeking an extension of stay on the ground of long residence in the United Kingdom is that the applicant meets each of the requirements in paragraph 276B(i)-(ii) and (v).”

“276B.
The requirements to be met by an applicant for indefinite leave to remain on the ground of long residence in the United Kingdom are that:
(i) (a) he has had at least 10 years continuous lawful residence in the United Kingdom.
(ii) having regard to the public interest there are no reasons why it would be undesirable for him to be given indefinite leave to remain on the ground of long residence, taking into account his:
1. (a) age; and
2. (b) strength of connections in the United Kingdom; and
3. (c) personal history, including character, conduct, associations and employment record; and
4. (d) domestic circumstances; and
5. (e) compassionate circumstances; and
6. (f) any representations received on the person’s behalf; and

(v) the applicant must not be in the UK in breach of immigration laws, except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded. Any previous period of overstaying between periods of leave will also be disregarded where –
1. (a) the previous application was made before 24 November 2016 and within 28 days of the expiry of leave; or
2. (b) the further application was made on or after 24 November 2016 and paragraph 39E of these Rules applied. “


Thank you very much for all who have helped me out..
My question in How do i expect to overcome "3. (c) personal history, including character, conduct, associations and employment record; " which is a necessity?

Regard

Any one with the answer

UKVI will assess this on their own

Thank you all will update on the results when i received one.