DOMESTIC VIOLENCE

[mrashid10249]

dear folks
i am on tier 1 Gen visa. i got extension in May, 2010. now my ILR is due on May 2013. unfortunately i was charged for domestic assault with my wife in August 2009. i was fined by court 300 pounds. but since then i am living together with my wife a happy married life with an infant who was born after this problem. our relation is subsisting. my conviction will be spent on Aug 2014 ( 1 year later of my ILR due date). i just wanna know what could be possible impact of this charge on my ILR application? i meet all other requirements. anyone could advise plzzz?

[geriatrix]

You cannot apply for ILR until the conviction becomes spent. And, when it becomes spent it has no affect on ILR application.

[mrashid10249]

You cannot apply for ILR until the conviction becomes spent. And, when it becomes spent it has no affect on ILR application.

actually my main concern is that, my conviction will be spent 2014, while my current visa is going to expire in 2013. now if in 2013 i apply for ILR, what would happen? whether they refuse my application or extend my visa until my conviction becomes spent?

[geriatrix]

You will need to apply for extension before your current leave expires. If you make an ILR application before any conviction is spent, the application will be refused.

UKBA now requires PBS migrants to inform them of criminal convictions using the migrant change of circumstances form.

1. If you are unsure if your offence is considered as a conviction within the Rehabilitation of Offenders Act, you can find that out on your own.
2. If there is any unspent conviction on record, you should inform UKBA.

[mrashid10249]

You will need to apply for extension before your current leave expires. If you make an ILR application before any conviction is spent, the application will be refused.

UKBA now requires PBS migrants to inform them of criminal convictions using the migrant change of circumstances form.

1. If you are unsure if your offence is considered as a conviction within the Rehabilitation of Offenders Act, you can find that out on your own.
2. If there is any unspent conviction on record, you should inform UKBA.

thank you very much. it is really informative. one thing more i wanna ask, i have heard by someone that now govt is considering the change in time length for convictions to be spent. may be they are reducing the time span. is that correct?

[geriatrix]

You will know if and when any amendments are made. Until then, nothing changes .. and you / me / anyone else speculating on the matter is not going to help you.

[mrashid10249]

You will know if and when any amendments are made. Until then, nothing changes .. and you / me / anyone else speculating on the matter is not going to help you.

thanks for reply. dear sushdmehta, could you please advise, in my case what would be my sentence given by court as i was fined 300 pounds and a condition that i will be observed for my conduct for 6 months. if i i did that again in next 6 months , i may be imprisoned. so whether i was givenconditional discharged or domestic assault charge plz? i would be highly obliged if you could answer plz

[Casa]

If you were fined £300 by the court, you weren't given a conditional discharge. You were charged by the court but escaped a prison sentence if you don't re-offend within 6 months..
I believe that the reducing of spent convictions only applies to minor driving offences...not serious ones which could involve a term in prison.