re ILR

[goodday1]

Hello everyone,

I'm due to apply for ILR and just wanted to know whether i should include my husband in my application , he's on a dependant visa and has an unspent conviction for domestic violence.

or Should I apply with my children through premium services as we all have a clear record and ask him to apply independently. I'm really very tensed.

I have taken advice from a solicitor who has said there should be no problem, he can be included in my application as he has a right to family life. but I'm still unsure.

Awaiting your suggestions please .I think this might be a rare case.

[peppekalle]

Trust what your solicitor says he/she knows what he is talking about.Article 8 is very strong.

[Lucapooka]

I suppose there is no harm in trying but under the rules it will definitely be refused. I think he should, instead, apply for FLR(M) after you get ILR and then ride out the conviction until it is considered spent. Your solictor's comment seems to indicate it would be preferable to apply under article 8 and then have 6 years of DL; without more information it seems like quite a strange suggestion.

I have to assume he would otherwise be eligible for ILR with you but you have not elaborated on your status and how he is related to that with his own status .