Consequences of ILR refusal

[herati00]

Hello All!

I am an American citizen living in the UK under spouse visa. My 2nd 2.5 year leave will expire end of June 2018 and I could apply for ILR under 5 year rule.

But I have a court conviction (a non custodial sentence, (a fine of £100) over an argument with the neighbour) last year.

As the 24 month time for conviction has not passed and my visa will expire next month I am not sure as what are options are?

Should I apply for ILR before the 28 days expiry of my current leave with covering letters and character references. Is there any mitigating circumstances as my partner is disable and I have two British Children.

Should I wait after 24 months of my conviction and then apply for ILR. What would be my status after my current leave expires? Wouldn't the Home Office argue that I have stayed in the country without a valid visa.

Is there a visa extension option in that case?

I appreciate any help!

God Bless You All!

[zimba]

Simply having a court fine will not lead to ILR being refused UNLESS this was recorded on your criminal record (a recordable offence) Were you fined for harassment ?

[herati00]

Simply having a court fine will not lead to ILR being refused UNLESS this was recorded on your criminal record (a recordable offence) Were you fined for harassment ?

Thanks for your reply.

I was arrested and charged by police for common assault. Pleaded not guilty but I was convicted at court.
As the offence was not serious I was given only fine. I have not checked whether it has recorded on my records but It must have and I need to disclose it to the home office in any event.

My only concern is if I don't apply now and wait for the 24 months period to pass, would the Home Office not refuse my application at that time for staying in the UK with expired spouse visa from end of June until the time I make the application for ILR?

[CR001]

You would need to apply to extend your spouse visa on form FLR(M). You can't just 'stay in the UK' after your visa expires.

[herati00]

You would need to apply to extend your spouse visa on form FLR(M). You can't just 'stay in the UK' after your visa expires.

Would exceptions such providing character references, having a disabled husband for whom I am the main carer and having two British children support my application for ILR despite having this criminal offence?

Has there been cases where ILR has been successful with criminal records?

[CR001]

If the conviction is not spent, then unlikely ILR will be successful.

I have seen no successes on the forum for ILR with convictions that are not spent.

[zimba]

Common assault is a recordable crime. You must extend under FLR(M) until at least 24 months has passed from the date of court conviction.

[herati00]

If the conviction is not spent, then unlikely ILR will be successful.

I have seen no successes on the forum for ILR with convictions that are not spent.

Thank you for the info.

Then I will need to apply for extension of my spouse visa flr(m) for now and ilr after the conviction is spent.

[herati00]

Common assault is a recordable crime. You must extend under FLR(M) until at least 24 months has passed from the date of court conviction.

Appreciate it Zimba88

[herati00]

Hello All,

I am eligible to apply for ILR based on 5 year marriage route with a British Citizen.

It is possible that Home Office refuse my ILR as I have an unspent records. (non custodial sentence)

1. But what would be the the consequences of refusal? will I get extended leave automatically as I have a British husband and two children. or they would ask me to apply for extension separately after refusal?

2. Is grant of ILR is on the discretion of case worker for someone with unspent records or it is absolute refusal based on the guidelines?

Many Thanks

[CR001]

1. Possibly but not necessarily. If HO do grant you leave to remain, it will likely be on the FLR(FP) 10 year partner route IF your current visa has already expired. If refused and nothing granted, you will either be asked to reapply for a spouse visa. If your visa has already expired at the ILR refusal point, it creates a few more problems. If ILR is refused, you also lose your fee that you paid.

2. Usually a flat out refusal for court convictions. The unspent conviction criteria is as stated in the immigration rules.

You really would do better to extend your spouse visa and then apply for ILR when you qualify.

[coldjoe66]

hi herati00,what did you apply for in the end?
what was the outcome?
i am in a similar situation
thanks