ILR SET O APPROVED AFTER 15 YEARS IN THE UK 2x3 DLR

[vinny]

If the Home Office is alleging that you have criminal convictions, the burden is on them to prove it and for you to then demonstrate it is not you if for example the details don't match.

I agree.

[vinny]

However, in your application, if you asserted that you had no criminal records, etc., then providing the checks may also help satisfy your burden of proof. But proving a negative may be difficult. Would they want criminal checks from every country in the world?

[Alz3eem2002]

I DONT THINK SO AS I CAME HERE IN 2002 WHEN I WAS ONLY 15 AS AN ASYLUM SEEKER.

I HAVE JUST APPLIED FOR A CRB CHECK AND CALLED THEM TO SPEED IT UP. WILL WAIT AS TIME IS TICKING AND I HAVE TILL NEXT FRIDAY WHICH IS TOO TIGHT OF A DEADLINE.

[krisbol17]

Hi @Alz3eem2002

Any outcome on your case?

I think mine is a bit similar to yours (3 years DLR x2), applied by post and got biometric enrollment letter about a month later.

[Alz3eem2002]

Hi updates to my case,


After being asked by the case worker to comment on any criminal conviction, or caution or civil proceedings.

I applied for a CRB check (advice everyone to do it) = it came back as clear.

Then applied for ACRO (which is a certificate which indicates any information held on you in any police station). = it came back that I had a minor caution.

What has shocked me is that the caution which was seriously minor was in 2007 and I never knew that ot would be counted as a cautioned. I was told it would be counted as a family dispute. Went in 2 hours to the police station and then out.

After 10 years I find out that I had a caution. No letters or follow ups previously sent to my address.
Although the minor caution which I wasn't aware has only appeared in the ACRO systems and not the CRB certificate because it is very minor and doesn't count as a criminal conviction, I advice everyone to do it..

The caseworker has given me until the 19th of January to respond. My solicitor told me your lucky they didn't refuse straight away and given me a second chance to comment.

Hopefully I can submit both certificates on time. But do you think a minor caution could lead to a refusal?

Please advise.

Within their letter they said 'thank you for submitting the application for leave to remain' Could this be a mistake. Or if they refuse my settlement after 2 x 3 discretionary leave to remain could they turn around and give me another 3 years.

[krisbol17]

Thanks for the advice to apply for ACRO. I think I will do it too, as the DBS I sent with my application was clear. I never got involved with the police, only once when I was in a car accident (my fault), no one else was injured as it was in the countryside, just my car, a tree and myself.

I doubt a minor caution should be a reason for them to erase your past 10 years with a refusal!!!

Out of curiosity, the letter UKVI is sending you, which department is it coming from (top right corner)? Is it

UKVI
RCM - FLC2
Level 7
Liverpool
L3 9PP

Thanks

[Alz3eem2002]

Yes my friend,

I would definitely apply and send it with the application or await them to tell you that it has got flagged up in their systems.

I was shocked when they told me that it flagged up and I am not being clear. This is where I DID a Scotland disclosure for my CRB £25 = WHICH CAME BACK AS CLEAR (THIS TAKES UPTO 14 DAYS FOR THE CRB BUT I TOLD THEM TO SPEED IT UP AND THEY DID IT IN 5 DAYS)

THEN THE ACRO = WHICH CAME WITH THE UNEXPECTABLE MINOR CAUTION (THIS TAKES 40 DAYS BUT AFTER ASKING THEM AND BEGGING THEM IT CAME VIA EMAIL IN 4 DAYS)

I advice anyone to do the ACRO police check because someone like me who after 10 and half years I get a surprising letter that I have not declared a caution was a definite stress and worry. SO BIG ADVICE DO IT.

I was lucky that the case worker didn't refuse me straight away and gave me ten days only and that's why with 2 applications for crb and acro (police database) I had to beg for quicker reply.

now I have to submit it before the 19th which is this Friday.

Hopefully I don't get a refusal.

[Alz3eem2002]

yes mine is in the same address but level 2 (Premium service team)

I applied for postal in AUGUSTand then in December I asked them to consider the premium service and paid for it. then I get a reply then in January that my file would be sent to Liverpool office for consideration. whether I WANT AN APPOINTMNET AND SEE THEM in Liverpool or they will consider it and send the decision via post. I went for decision via post.

Normally you pick where you want your file to go... but they sent my file to Liverpool.

Strange????

[CMOSUK]

Hi updates to my case,


After being asked by the case worker to comment on any criminal conviction, or caution or civil proceedings.

I applied for a CRB check (advice everyone to do it) = it came back as clear.

Then applied for ACRO (which is a certificate which indicates any information held on you in any police station). = it came back that I had a minor caution.

What has shocked me is that the caution which was seriously minor was in 2007 and I never knew that ot would be counted as a cautioned. I was told it would be counted as a family dispute. Went in 2 hours to the police station and then out.

After 10 years I find out that I had a caution. No letters or follow ups previously sent to my address.
Although the minor caution which I wasn't aware has only appeared in the ACRO systems and not the CRB certificate because it is very minor and doesn't count as a criminal conviction, I advice everyone to do it..

The caseworker has given me until the 19th of January to respond. My solicitor told me your lucky they didn't refuse straight away and given me a second chance to comment.

Hopefully I can submit both certificates on time. But do you think a minor caution could lead to a refusal?

Please advise.

Within their letter they said 'thank you for submitting the application for leave to remain' Could this be a mistake. Or if they refuse my settlement after 2 x 3 discretionary leave to remain could they turn around and give me another 3 years.

I don't believe they can refuse ILR, have a read at this document it sets out the guidance for case workers, depending on conditions, when to refuse someone for ILR.

'' Non-custodial sentences
If a person has been convicted of, or admitted to an offence for which they have received a
non-custodial sentence or other out of court disposal recorded on their criminal record, you
must refuse indefinite leave to remain under paragraphs 322(1C)(iv) and S-ILR.1.6 in
Appendix FM of the Immigration Rules. This is unless the conviction in question occurred
more than two years ago''

See this document click here


Also read this

This FOI, and from a bit of research, from MY understanding is, as long as you don't have a non custodial sentence 24 months (2 years) preceeding the application for ILR they (at their discretion) may not refuse you.

If it occurred in 2007, that time has more then enough lapsed, so long as you haven't gotten any after that.

[Alz3eem2002]

CMOSUK YOU ARE A LEGEND. amazing advice. made my head clear and relaxed...thank you

One more question could they for any reason refuse my ILR and instead give me a 3rd dlr. my first dlr was given on August 2011

[CMOSUK]

CMOSUK YOU ARE A LEGEND. amazing advice. made my head clear and relaxed...thank you

One more question could they for any reason refuse my ILR and instead give me a 3rd dlr. my first dlr was given on August 2011

It is at their discretion, but to be fair, they just can't refuse willy nilly unless their is compelling evidence to support a refusal for an application of ILR, from most of my research I have done and my understanding is, if the circumstances prevailing at the time of initial grant of DLR are still the same with out significant changes then ILR would be or should be granted.

Again as long as your circumstances are the same and you don't meet any of the criminality threshold, they should not refuse unless there is a significant change from the initial grant.

For example: if you were granted DLR based on your marriage to a British spouse before the 9 July 2012 immigration changes, and when you make an application for ILR based on 6 years DLR, but you have now separated/divorced preceeding the application for ILR, that is a significant change, or any recent criminal charges/convictions brought against you would also be a reason for refusal for an application of ILR.

[CMOSUK]

CMOSUK YOU ARE A LEGEND. amazing advice. made my head clear and relaxed...thank you

One more question could they for any reason refuse my ILR and instead give me a 3rd dlr. my first dlr was given on August 2011

Updated link as previous isn't working

Linky

Go to page 32 for the relevant info.

[Alz3eem2002]

Dear CMOSUK,

VERY helpful and supportive. One final question .

The case worker indicated at the beginning of the letter (posted previously):

"Thank you for your client's application for leave to remain in the United Kingdom"

I have sent a SET O and clearly applying for indefinite leave to remain (settlement), the wording "leave to remain" means not indefinite leave to remain (settlement). Am I worrying too much or is this a mistake or standard wording.

As I mentioned again I am applying after 2 x Dlr for 3 years which totals to 6 years. My circumstances are the same and my second dlr was given to me straight away with no hassle.

what is your comment on the wording?

[CR001]

I have sent a SET O and clearly applying for indefinite leave to remain (settlement), the wording "leave to remain" means not indefinite leave to remain (settlement). Am I worrying too much or is this a mistake or standard wording.

You are overthinking.

[CMOSUK]

Dear CMOSUK,

VERY helpful and supportive. One final question .

The case worker indicated at the beginning of the letter (posted previously):

"Thank you for your client's application for leave to remain in the United Kingdom"

I have sent a SET O and clearly applying for indefinite leave to remain (settlement), the wording "leave to remain" means not indefinite leave to remain (settlement). Am I worrying too much or is this a mistake or standard wording.

As I mentioned again I am applying after 2 x Dlr for 3 years which totals to 6 years. My circumstances are the same and my second dlr was given to me straight away with no hassle.

what is your comment on the wording?

Sounds like a standard response, again, you have paid ILR fees and mentioned it in the covering letter.

[Alz3eem2002]

THANK YOU VERY MUCH.

I KNOW ITS A DAFT THINK but after waiting 15 years small wording could cause overthinking especially after the last letter I received from the caseworker.

I have a deadline till this Friday to send my documents and hopefully they decide on the good responses.

Thank you again for everyone who got involved

[CMOSUK]

THANK YOU VERY MUCH.

I KNOW ITS A DAFT THINK but after waiting 15 years small wording could cause overthinking especially after the last letter I received from the caseworker.

I have a deadline till this Friday to send my documents and hopefully they decide on the good responses.

Thank you again for everyone who got involved

Make sure to send it by recorded mail either a 1 day service or next day service.

At least that way you will have proof of delivery, also remember to make a photocopy of it just incase it gets 'misplaced'.

[Alz3eem2002]

Thnaks for your beneficial advices CMOSUK,

I have sent it today via my solicitor and included the CRB certificate and the ACRO police certificate. Should reach them tomorrow.

Just need to wait for the good news and postpone the worries I highlighted earlier.

[Taareen365]

Any success story of 6 years DL refused asylum on PEO?

[CMOSUK]

Any success story of 6 years DL refused asylum on PEO?

luqi2020

azharmahmood

Afrapasse

Muji87

These members all recently applied for the PSC(PEO) for an application of ILR based on DL after a previously refused asylum application.

They where all granted successfully.

[Alz3eem2002]

FINally alhamdullilah received the good news on Friday. Recievd the ILR approval.

2 x 3dlr Set O application (Outside immigration rules after a failed asylum process).

Came to England in 2002.
First DLR in August 2008
Applied for further 3 years in august 2014.
The hassle starts here....................
-My solicitor applied the wrong application form in August 2014 and got sent the application back in December 2014 and the H.O asked to submit the correct form within 14 days.
I was shocked that solicitors never knew what form to submit. The excuse was that no one knew what form to submit and there was a lot of confusion within the solicitors. (Excuse me you are a solicitor which I paid you for guidance and should be able to contact the Home office to know which forms to submit).
Anyway the Home accepted it and granted me the 2nd DLR on February 2015.

Theoretically the 6 years finishes on august 2017. So I went to the solicitor and paid more to see a senior solicitor. Still a confusion wether use a SET O or FLR (DL). She decided then to use SET O.

I was told I cant use premium service.I thought lets wait 6 months why not.

In December 2017 I thought Why not try and ask for a premium service and see the result. Applied and got accepted.

Looking at the forum topics people who received 2x3dlr after a failed asylum case are the ones which are put in dilemma. Some say use flr dlr and some set o.

I believe and its my opinion only is to use SET O and go for premium.
I was always told you cant, your wasting money. In my opinion anyone with a similar case can apply and there is a lot of people in this forum who got it.
If you don't succeed its because the case worker doesn't know the rules. Ask yourself why do people with the same case (failed asylum case) get approved and not you. Yes there is a lot who say that form FLR (DLR) clearly states that people with asylum cases can use it BUT Set O doesn't tell you that you cant use it.


Anyway received a letter on the 5th of January stating you have a criminal conviction, caution, court proceedings, which you have not disclosed in section 7 I think. If I don't reply within ten days my application would get refused. I was in shock as I never thought I had any.
So applied for Disclosure Scotland for CRB £25 which came back clear (this normally takes 14 days but after I pledged them to expedite it they got it done in 3 days.

Then applied for £10 PNC police check (ACRO) AND THIS NORMALLY TAKES 40 DAYS. but after also telling them my situation it got released in 4 days. The result was that 11 years ago I had a warning I forgot about and never thought it would be counted as a caution.
Anyway responded back to the H.O on time.

Thanks to CMOSUK and the rest of you guys for the guidance and support.

On the 26th January 2018 I received an email from the solicitors with the good news. The premium service team has approved my ILR application and should receive my biometric card within 7 working days.

Sorry for the long paragraph above but I thought I should share my experience with everyone with the same case to give back to the forum.

When I applied for the ILR LAST AUGUST I WAS TOLD by the solicitor that I may receive a further 3 YEARS DLR due to the lapse I had when submitting the wrong last dlr application.

I was in a panicky mode as this would mean I had to wait another 3 years due to a fault made by a non caring solicitor who just wants to be paid.

My experience might not be the worst but it was mentally and physically diffusing

Thank you everyone and now I can apply for a spouse visa for my wife who she was waiting for 5 years for this news back home to be able to bring her over.

[CMOSUK]

FINally alhamdullilah received the good news on Friday. Recievd the ILR approval.

2 x 3dlr Set O application (Outside immigration rules after a failed asylum process).

Came to England in 2002.
First DLR in August 2008
Applied for further 3 years in august 2014.
The hassle starts here....................
-My solicitor applied the wrong application form in August 2014 and got sent the application back in December 2014 and the H.O asked to submit the correct form within 14 days.
I was shocked that solicitors never knew what form to submit. The excuse was that no one knew what form to submit and there was a lot of confusion within the solicitors. (Excuse me you are a solicitor which I paid you for guidance and should be able to contact the Home office to know which forms to submit).
Anyway the Home accepted it and granted me the 2nd DLR on February 2015.

Theoretically the 6 years finishes on august 2017. So I went to the solicitor and paid more to see a senior solicitor. Still a confusion wether use a SET O or FLR (DL). She decided then to use SET O.

I was told I cant use premium service.I thought lets wait 6 months why not.

In December 2017 I thought Why not try and ask for a premium service and see the result. Applied and got accepted.

Looking at the forum topics people who received 2x3dlr after a failed asylum case are the ones which are put in dilemma. Some say use flr dlr and some set o.

I believe and its my opinion only is to use SET O and go for premium.
I was always told you cant, your wasting money. In my opinion anyone with a similar case can apply and there is a lot of people in this forum who got it.
If you don't succeed its because the case worker doesn't know the rules. Ask yourself why do people with the same case (failed asylum case) get approved and not you. Yes there is a lot who say that form FLR (DLR) clearly states that people with asylum cases can use it BUT Set O doesn't tell you that you cant use it.


Anyway received a letter on the 5th of January stating you have a criminal conviction, caution, court proceedings, which you have not disclosed in section 7 I think. If I don't reply within ten days my application would get refused. I was in shock as I never thought I had any.
So applied for Disclosure Scotland for CRB £25 which came back clear (this normally takes 14 days but after I pledged them to expedite it they got it done in 3 days.

Then applied for £10 PNC police check (ACRO) AND THIS NORMALLY TAKES 40 DAYS. but after also telling them my situation it got released in 4 days. The result was that 11 years ago I had a warning I forgot about and never thought it would be counted as a caution.
Anyway responded back to the H.O on time.

Thanks to CMOSUK and the rest of you guys for the guidance and support.

On the 26th January 2018 I received an email from the solicitors with the good news. The premium service team has approved my ILR application and should receive my biometric card within 7 working days.

Sorry for the long paragraph above but I thought I should share my experience with everyone with the same case to give back to the forum.

When I applied for the ILR LAST AUGUST I WAS TOLD by the solicitor that I may receive a further 3 YEARS DLR due to the lapse I had when submitting the wrong last dlr application.

I was in a panicky mode as this would mean I had to wait another 3 years due to a fault made by a non caring solicitor who just wants to be paid.

My experience might not be the worst but it was mentally and physically diffusing

Thank you everyone and now I can apply for a spouse visa for my wife who she was waiting for 5 years for this news back home to be able to bring her over.

Congratulations /hug

So glad you go it!!

If you don't mind can you list the documents submitted to help others for a reference point.

[Alz3eem2002]

Thanks CMOSUK, Finally after all that panic and you reassuring me. Now you know the reason why.. Got bluffed since the last DLR. Anyway these are the lists:

- Letter from the solicitor explaining the issue with the last DLR granted and it should be counted as a continues leave and not a lapse or overstayer.
-both DLR'S granted.
- all my wages slip from the company which I kept hold of since I started work in 2013.
-My p45 slips and taxes from my the HMRC
-Bank statement printed from one bank on a rush for 6 months (although its not acceptable as these are not the once sent to your home address but it worked). Although I needed to print the bank statements from the other bank where all the bills come from but had no time.
- Rent arrangement bill for the last year
- Council tax for the last year
-One utility bill

- This is important for whoever this is relevant - If you think you had any connection with the police whether a criminal convection, warning, caution or even any thing minor from the day you came to the UK, make sure you get a CRB check and Police certificate (ACRO PNC). Mine was very very minor and 11 years ago and forgot about it and never thought it would count as a caution. So make sure you have these 2 certificates before you get into a dilemma.
I had only 10 days to submit it or my application was about to get refused which was really not fair as I never knew what was on my file and had to keep begging both application offices but finally got both on time and it was a big relief.

[mkhari]

congratulation bro

[mkhari]

bro my question is did you attend the premium service centre as well
or they just speed up your case and granted you without see thme



again i m happy you got the ILR

congratulation once again