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All criminal offenses!791898 wrote:UKBA: considering leave to remain - mandatory and discretionary refusals
322(5) the undesirability of permitting the person concerned to remain in the United Kingdom in the light of his character, conduct or associations or the fact that he represents a threat to national security;
What exactly criminal offenses are covered by immigration rule paragraph 322(5)?
please answer if you are sure.
many thanks.
Indeed, 322[5] refusals are discretionary rather than mandatory, and the publicly published guidance in the previous link has a lot of the subject "restricted", so you can't be sure.791898 wrote:i did check that before i post it, there is nothing stated clear about what criminal offences (unspent) lead to refusal.
What year did this happen? I'm fairly certain your ILR won't be approved with unspent criminal convictions. You may be approved for further leave to remain though and other temporary visas.791898 wrote:So can I assume that applicant with ONLY these type of criminal offended would be rejected ?!
My concern is about drink drive, banned for a year but agreed to take rehabilayion course which eases case and fined £200 and. Nothing and nobody was damaged or injured
Would it be rejection?????
Actually, I think my previous comment was misguided, and you are probably right. I don't know where I got the previous document from, but I've now turned up this one, which is dated within the last 2 months:-ElenaW wrote:What year did this happen? I'm fairly certain your ILR won't be approved with unspent criminal convictions. You may be approved for further leave to remain though and other temporary visas.791898 wrote:So can I assume that applicant with ONLY these type of criminal offended would be rejected ?!
My concern is about drink drive, banned for a year but agreed to take rehabilayion course which eases case and fined £200 and. Nothing and nobody was damaged or injured
Would it be rejection?????
Drink driving is a very serious offence in the UK so I'm afraid you'll be at the mercy of the ECO. It's likely ILR would be refused so probably a better idea to get extensions until it's spent.791898 wrote:It happened this year after a couple of weeks he applied for tier1 psw, on it's policy it is NOT stated all unspent convictions should be rejected unlike ILR, I
That's I was wondering if drink drive acceptable?!
Forget what the offence is, or what view an "IO" is likely to take about drink-driving. It's a simple matter of reading off a tariff, what sentence passed, and when. I can't better the summary on Wikipedia:-ElenaW wrote:Drink driving is a very serious offence in the UK so I'm afraid you'll be at the mercy of the IO. It's likely ILR would be refused so probably a better idea to get extensions until it's spent.791898 wrote:It happened this year after a couple of weeks he applied for tier1 psw, on it's policy it is NOT stated all unspent convictions should be rejected unlike ILR, I
That's I was wondering if drink drive acceptable?!
Yep! I'd go elsewhere personally.Mr Rusty wrote:
If he can't sustain the circumstances to merit an extension of his Tier1psw, he'd better start thinking about life elsewhere in the world.
Yes, sorry, you're right, we both gave accurate advice based on the original question but I went off at a tangent after ILR was mentioned, although the OP hasn't actually said that he is applying for ILR.Greenie wrote:the OP asked a question about discretionary refusals under para 322(5) - the guidance I posted is still relevent for such refusals. The guidance posted by Mr Rusty is about the criminality threshold for settlement - which is not what the OP asked about. I had assumed in answering the OP's question that he was asking whether an application for further limited leave (not ILR) would be refused under 322(5) in light of his conviction.