Need help on FLR DL

[theforeigner]

Dear member.
On October 2006 I went to prison for 12 months for a false passport.
In January 2007 I received notice of deportation.
On March 2007 I applied for asylum in prison and was refused in April 2007.
On May 2007 I went to court against deportation and asylum refusal.
On court My asylum refused but my deportation allowed under article 8 of human Right ( married to a British woman)
the Home office then asks to review the decision but was refused.
I start reporting to home office every month until I receive the first 6 months discretionary leave
from 10-03-09 To 05-09-09, I renewed on HPDL form then received second 6 months discretionary
from 03-08-10 To 02-02-11, I renewed again and received 3 years
from 01-10-10 To 29-09-13, I renewed on time and received 2nd 3 years
from 24-07-14 To 24-07-17.
On 18-07-17, I applied for FLR ( FLR DL form ) after 6 years discretionary leave because I have a criminal record but I phoned the home office the next day and say I should apply for settlement.
In the application, I tick the box for further leave which is £993 instead to tick the box for settlement which is £2297.
- On 19-07-17 I contacted the Home Office to correct my application and to pay the difference from FLR to Settlement which is £1304.
- On 08-08-17 I received a letter from Home Office returning my marriage certificate with a payment details page of the application form to top up £1304 and they give me 14 days to pay otherwise my application will be invalid
- On 14-08-17 I send the form back and they receive it next day, but they take the money on the 15-11-17 from my bank account. ( after 3 months )
I noticed that criminal record will affect my application for ILR
My Question is:
1 - is the Home Office will consider my application under 10 years from the end of my sentence or 15 years.
2 - did my application will be considered for FL or ILR
3 - how long time take to get my biometrics letter
4 - how long the processing time to get the decision
please help and advice me.
Thank you

[CMOSUK]

Dear member.
On October 2006 I went to prison for 12 months for a false passport.
In January 2007 I received notice of deportation.
On March 2007 I applied for asylum in prison and was refused in April 2007.
On May 2007 I went to court against deportation and asylum refusal.
On court My asylum refused but my deportation allowed under article 8 of human Right ( married to a British woman)
the Home office then asks to review the decision but was refused.
I start reporting to home office every month until I receive the first 6 months discretionary leave
from 10-03-09 To 05-09-09, I renewed on HPDL form then received second 6 months discretionary
from 03-08-10 To 02-02-11, I renewed again and received 3 years
from 01-10-10 To 29-09-13, I renewed on time and received 2nd 3 years
from 24-07-14 To 24-07-17.
On 18-07-17, I applied for FLR ( FLR DL form ) after 6 years discretionary leave because I have a criminal record but I phoned the home office the next day and say I should apply for settlement.
In the application, I tick the box for further leave which is £993 instead to tick the box for settlement which is £2297.
- On 19-07-17 I contacted the Home Office to correct my application and to pay the difference from FLR to Settlement which is £1304.
- On 08-08-17 I received a letter from Home Office returning my marriage certificate with a payment details page of the application form to top up £1304 and they give me 14 days to pay otherwise my application will be invalid
- On 14-08-17 I send the form back and they receive it next day, but they take the money on the 15-11-17 from my bank account. ( after 3 months )
I noticed that criminal record will affect my application for ILR
My Question is:
1 - is the Home Office will consider my application under 10 years from the end of my sentence or 15 years.
2 - did my application will be considered for FL or ILR
3 - how long time take to get my biometrics letter
4 - how long the processing time to get the decision
please help and advice me.
Thank you

Please note I will try to answer the best I can, as you have a very complicated case involving a spent criminal conviction.

I won't lie, that is going to make your case complicated while UKVI decide in their discretion whether to grant you ILR or not.

From my understanding, it may be a possibility that UKVI may grant you further leave to remain but refuse ILR, until 15 years have passed starting from the end of your sentence for them then maybe to grant you ILR.

Click here.

If you go down to page 39, and look at the third box startng from where it states 'refusal criteria'. My understanding is, prison sentences 12 months or more may be refused for ILR, whether the rules applied before of after the mentioned dates.

Again need clarification on this, but that is what my understanding is.

Again, you have been granted DLR and it is at the discretion of UKVI based on the evidence before them to grant you outside the rules for Immigration.

As far as my understanding is, as you have been granted outside the immigration rules, there isnt a service standard for processing the application of this type.

[theforeigner]

Thank you CMOSUK for your reply
the link you provide it click here doesn't work
can you submitted again, please
I understand that my case complicated but as I say I contacted the home office and in the phone say I can apply for indefinite leave because the first and second grant was 6 months
they told me I can apply for settlement not further leave.
do you think this truth
regards

[CMOSUK]

Thank you CMOSUK for your reply
the link you provide it click here doesn't work
can you submitted again, please
I understand that my case complicated but as I say I contacted the home office and in the phone say I can apply for indefinite leave because the first and second grant was 6 months
they told me I can apply for settlement not further leave.
do you think this truth
regards

Try this link

Also, it is strongly advised do not take advice from the help line, they are not trained in immigration advice and routinely give out the wrong advice and have no legal standing.

They have failed to take in account your previous convictions and immigration history from my understanding.

[theforeigner]

Thank you for the pdf file, I find all general refusal specialty with criminal before I thought that I need 10 years after the end of my sentence because I get 12 months but now I read it and say 12 months will wait 15 years from the end of the sentence.
do you think they will refuse my ILR under criminality with granting further leave or I have to make new fresh application
regards

[CMOSUK]

Thank you for the pdf file, I find all general refusal specialty with criminal before I thought that I need 10 years after the end of my sentence because I get 12 months but now I read it and say 12 months will wait 15 years from the end of the sentence.
do you think they will refuse my ILR under criminality with granting further leave or I have to make new fresh application
regards

There is a high probability they might refuse it, unless there is compelling evidence for them to decide otherwise.

Again, in my opinion, I would seek for further leave to remain and continue my legal stay under DL until 15 years have completed, this way you will be able to apply for ILR without this criminality criteria being a 50/50 decider, whether they will refuse or grant.

Also, remember, what may be ignored by UKVI for an application in ILR, may not be when applying for citizenship. Long term, to me sounds better.

[theforeigner]

Thank you
I hope will be considered different.
I'll let you know for any news
Thank you again

[theforeigner]

I send my application on the 18 July for settlement after 6 years discretionary leave on FLR DL form
but by mistake, I tick the box for further leave which £993,
the next day the home office take the money from my account £993
then I recognise that I make a mistake, so on the 20 July I contacted them to consider my application for settlement no for further leave
and I have to pay the extra money £1304.
on the 2nd August, they send me a form to top up the extra amount £1304
I full it up the form and I send it back next day, but they take the extra money on the 15 November, mean after about 4 months.
can anyone tell me when I should receive the biometric letter
Thank you

[theforeigner]

Hello everyone
If the HO refuse my ILR application under criminal conviction and granted me another discretionary leave, can I have the chance to bring my wife to join me here?
thank you

[vinny]

Posts merged.

[CMOSUK]

Hello everyone
If the HO refuse my ILR application under criminal conviction and granted me another discretionary leave, can I have the chance to bring my wife to join me here?
thank you

My understanding is, you are not able to sponsor a spouse while you have DLR.

You will have to attain ILR first then you may sponsor a spouse using the form FLR(M) if you can meet the requirements, (5 years), if not FLR(FP) if the requirement can't be met (10 years).

Also, check this link to confirm the requirements.