ILR Criminal Record

[mawq]

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.“

[zimba]

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

[mawq]

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?

[zimba]

No. The rules do not allow it