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ILR and Criminality
Posted: Thu Sep 19, 2024 5:12 pm
by Jayze
Hello all,
I will be glad for suggestions/advice on my knotty immigration case
I presently hold a partner/spouse visa until June 2026 (4th Issue since 12 March 2015)
12/03/2015 FLR FP Ten Year Route
21/08/2017 to 14/03/2020 FLR FP Ten Year Route
03/12/2020 to 08/06/2023 FLR M Five Year Route
11/12/2023 to 13/06/2026 FLR M Five Year Route
10 Year Long Residence or 10 Year Family settlement should have been 28 days before 13/03 2025 and Set M should also be 28 days before the 04/12/2025
However, all that is now irrelevant because, On the 22/09/2011 I was given a 21 months sentence for Deception (Pecuniary Advantage Property/Services)
Given the criminal conviction aspect of my immigration history I would appreciate an advice on the most suitable time/date to apply for ILR
With the previous rule (before the latest change to the Good Character Requirements) of 15 Years after the expiration of the "whole sentence", I was looking at sometime in June 2028.
Many thanks
Re: ILR and Criminality
Posted: Thu Sep 19, 2024 5:33 pm
by Jayze
Couldn't edit post,
Does the Good Character Requirement apply to Settlement or is it only applicable to Citizenship?
Re: ILR and Criminality
Posted: Fri Sep 20, 2024 12:20 am
by zimba
The good character requirement is ONLY for nationality applications, i.e. British citizenship applications. For visa or ILR applications, you should instead look at the general grounds for refusal for criminality. If the sentence was a custodial sentence, then I am afraid refusal is now mandatory:
From 1 December 2020, the following changes apply to Part 9 of the Immigration Rules in respect of criminality:
•introduce a single threshold for mandatory refusal on the basis of a custodial sentence of at least 12 months, replacing the previous three sentence-based thresholds
•introduce a mandatory ground for refusal at the border for those entering as visitors or for less than 6 months
•introduce a mandatory ground for refusal or cancellation on the grounds of serious harm, persistent offending or where it is conducive to the public good
Sentences of 12 months or more
Where a person has been convicted of a criminal offence in the UK or overseas for
which they have received a custodial sentence of at least 12 months or more you
must refuse their application.
https://www.gov.uk/government/publicati ... riminality
Re: ILR and Criminality
Posted: Fri Sep 20, 2024 1:43 am
by vinny
Categories/routes may still have different
criminality thresholds.
For example, the ten-year family route surprisingly continues to be as restrictive as under Part 9.
SETF 2.2. The applicant must not have been convicted of a criminal offence in the UK or overseas for which they have received a custodial sentence of 12 months or more.
However, on the 5-year partner route:
S-LTR.1.4. The presence of the applicant in the UK is not conducive to the public good because they have been convicted of an offence for which they have been sentenced to imprisonment for less than 4 years but at least 12 months, unless a period of 10 years has passed since the end of the sentence; or
S-ILR.1.4. The presence of the applicant in the UK is not conducive to the public good because they have been convicted of an offence for which they have been sentenced to imprisonment for less than 4 years but at least 12 months, unless a period of 15 years has passed since the end of the sentence.
Continue extending on the 5-year partner route until you are eligible for ILR under this route?
Re: ILR and Criminality
Posted: Fri Sep 20, 2024 5:06 am
by Amber
Please clarify:
When the offending took place, the date?
Details of the offence, what type of fraud did you commit? Who was the victim - a person or business?
Was the offence committed in the UK?
How long did you serve in prison?
Have you committed any other offences?
Have you reported this offence in all previous immigration applications?
Re: ILR and Criminality
Posted: Fri Sep 20, 2024 11:21 am
by Jayze
When the offending took place, the date? 2009
Details of the offence, what type of fraud did you commit? Who was the victim - a person or business? Got a council flat on EU Partner Visa
Was the offence committed in the UK? Yes
How long did you serve in prison? 26/09/2011 to 12/06/2012
Have you committed any other offences? No
Have you reported this offence in all previous immigration applications? Yes
Re: ILR and Criminality
Posted: Fri Sep 20, 2024 11:26 am
by Jayze
zimba wrote: ↑Fri Sep 20, 2024 12:20 am
The good character requirement is ONLY for nationality applications, i.e. British citizenship applications. For visa or ILR applications, you should instead look at the general grounds for refusal for criminality. If the sentence was a custodial sentence, then I am afraid refusal is now mandatory:
From 1 December 2020, the following changes apply to Part 9 of the Immigration Rules in respect of criminality:
•introduce a single threshold for mandatory refusal on the basis of a custodial sentence of at least 12 months, replacing the previous three sentence-based thresholds
•introduce a mandatory ground for refusal at the border for those entering as visitors or for less than 6 months
•introduce a mandatory ground for refusal or cancellation on the grounds of serious harm, persistent offending or where it is conducive to the public good
Sentences of 12 months or more
Where a person has been convicted of a criminal offence in the UK or overseas for
which they have received a custodial sentence of at least 12 months or more you
must refuse their application.
https://www.gov.uk/government/publicati ... riminality
Thanks for the prompt response, much appreciated
Re: ILR and Criminality
Posted: Fri Sep 20, 2024 11:30 am
by Jayze
vinny wrote: ↑Fri Sep 20, 2024 1:43 am
Categories/routes may still have different
criminality thresholds.
For example, the ten-year family route surprisingly continues to be as restrictive as under Part 9.
SETF 2.2. The applicant must not have been convicted of a criminal offence in the UK or overseas for which they have received a custodial sentence of 12 months or more.
However, on the 5-year partner route:
S-LTR.1.4. The presence of the applicant in the UK is not conducive to the public good because they have been convicted of an offence for which they have been sentenced to imprisonment for less than 4 years but at least 12 months, unless a period of 10 years has passed since the end of the sentence; or
S-ILR.1.4. The presence of the applicant in the UK is not conducive to the public good because they have been convicted of an offence for which they have been sentenced to imprisonment for less than 4 years but at least 12 months, unless a period of 15 years has passed since the end of the sentence.
Continue extending on the 5-year partner route until you are eligible for ILR under this route?
Many thanks for your valuable insight, very much appreciated
Re: ILR and Criminality
Posted: Fri Sep 20, 2024 12:20 pm
by Jayze
vinny wrote: ↑Fri Sep 20, 2024 1:43 am
Categories/routes may still have different
criminality thresholds.
For example, the ten-year family route surprisingly continues to be as restrictive as under Part 9.
SETF 2.2. The applicant must not have been convicted of a criminal offence in the UK or overseas for which they have received a custodial sentence of 12 months or more.
However, on the 5-year partner route:
S-LTR.1.4. The presence of the applicant in the UK is not conducive to the public good because they have been convicted of an offence for which they have been sentenced to imprisonment for less than 4 years but at least 12 months, unless a period of 10 years has passed since the end of the sentence; or
S-ILR.1.4. The presence of the applicant in the UK is not conducive to the public good because they have been convicted of an offence for which they have been sentenced to imprisonment for less than 4 years but at least 12 months, unless a period of 15 years has passed since the end of the sentence.
Continue extending on the 5-year partner route until you are eligible for ILR under this route?
S-ILR.1.4. Did indeed address my concern explicitly, many thanks
Re: ILR and Criminality
Posted: Fri Sep 20, 2024 12:58 pm
by Jayze
zimba wrote: ↑Fri Sep 20, 2024 12:20 am
The good character requirement is ONLY for nationality applications, i.e. British citizenship applications. For visa or ILR applications, you should instead look at the general grounds for refusal for criminality. If the sentence was a custodial sentence, then I am afraid refusal is now mandatory:
From 1 December 2020, the following changes apply to Part 9 of the Immigration Rules in respect of criminality:
•introduce a single threshold for mandatory refusal on the basis of a custodial sentence of at least 12 months, replacing the previous three sentence-based thresholds
•introduce a mandatory ground for refusal at the border for those entering as visitors or for less than 6 months
•introduce a mandatory ground for refusal or cancellation on the grounds of serious harm, persistent offending or where it is conducive to the public good
Sentences of 12 months or more
Where a person has been convicted of a criminal offence in the UK or overseas for
which they have received a custodial sentence of at least 12 months or more you
must refuse their application.
https://www.gov.uk/government/publicati ... riminality
I also found the, Grounds for refusal-criminality: Caseworker guidance you referenced above, pertinent to addressing the issue of criminality.
Many thanks
https://www.gov.uk/government/publicati ... riminality
Sentences of between 12 months and four years
"Where a person has been convicted of an offence and sentenced to a period of
imprisonment of at least 12 months but less than 4 years you must refuse their
application unless 10 years have passed since the end of their sentence. If they are
applying for settlement you must refuse a person with a sentence in this category
unless 15 years have passed since the end of the sentence. You can make a
mandatory refusal under paragraph 320(2)(c) and S-EC1.4(b) in Appendix FM and V
3.4(b) of Appendix V of the Immigration Rules."
Re: ILR and Criminality
Posted: Fri Sep 20, 2024 2:16 pm
by zimba
Those are the Criminality rules for applications made before 9am on 1 December 2020. Please read the documents carefully
Re: ILR and Criminality
Posted: Sat Sep 21, 2024 3:11 pm
by Jayze
zimba wrote: ↑Fri Sep 20, 2024 2:16 pm
Those are the Criminality rules for applications made
before 9am on 1 December 2020. Please read the documents carefully
Discounted, thanks for pointing that out
https://www.gov.uk/guidance/immigration ... or-refusal
I
mmigration Rules part 9: grounds for refusal
Grounds for the refusal
Suitability requirements apply to all routes and must be met in addition to validity and eligibility requirements.
Where this Part applies a person will not meet the suitability requirements if they fall for refusal under this Part.
A person may also have their entry clearance or permission cancelled on suitability grounds.
More than one grounds for refusal or cancellation may apply, for example, the presence of a foreign criminal in the UK may not be conducive to the public good.
The Immigration Act 1971, section 76 of the Nationality, Immigration and Asylum Act 2002 (revocation of indefinite leave), the Immigration (Leave to Enter and Remain) Order 2000 and Schedule 2 of the Immigration Act 1971 set out the powers to cancel entry clearance or permission. These rules set out how those powers are to be exercised.
Decisions on suitability are either mandatory (must) or discretionary (may) and must be compatible with the UK obligations under the Refugee Convention and the European Convention on Human Rights, which are mainly provided for under other provisions in these Rules.
Some routes have their own, or additional, suitability requirements.
The above now makes
S-ILR.1.4. (as cited by
Vinny), the only relevant reference point, albeit, it is only applicable to
FLR M applications
I deeply appreciate all of you for your guidance, Cheers
Re: ILR and Criminality
Posted: Sat Sep 21, 2024 3:52 pm
by Jayze
Jayze wrote: ↑Sat Sep 21, 2024 3:11 pm
zimba wrote: ↑Fri Sep 20, 2024 2:16 pm
Those are the Criminality rules for applications made
before 9am on 1 December 2020. Please read the documents carefully
Discounted, thanks for pointing that out
https://www.gov.uk/guidance/immigration ... or-refusal
I
mmigration Rules part 9: grounds for refusal
Grounds for the refusal
Suitability requirements apply to all routes and must be met in addition to validity and eligibility requirements.
Where this Part applies a person will not meet the suitability requirements if they fall for refusal under this Part.
A person may also have their entry clearance or permission cancelled on suitability grounds.
More than one grounds for refusal or cancellation may apply, for example, the presence of a foreign criminal in the UK may not be conducive to the public good.
The Immigration Act 1971, section 76 of the Nationality, Immigration and Asylum Act 2002 (revocation of indefinite leave), the Immigration (Leave to Enter and Remain) Order 2000 and Schedule 2 of the Immigration Act 1971 set out the powers to cancel entry clearance or permission. These rules set out how those powers are to be exercised.
Decisions on suitability are either mandatory (must) or discretionary (may) and must be compatible with the UK obligations under the Refugee Convention and the European Convention on Human Rights, which are mainly provided for under other provisions in these Rules.
Some routes have their own, or additional, suitability requirements.
The above now makes
S-ILR.1.4. (as cited by
Vinny), the only relevant reference point, albeit, it is only applicable to
FLR M applications
Sorry, SET M Applications
I deeply appreciate all of you for your guidance, Cheers