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replacement BRP Visa from outside UK

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goodgo
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Posts: 7
Joined: Thu Aug 02, 2018 4:02 pm
United Kingdom

replacement BRP Visa from outside UK

Post by goodgo » Thu Aug 02, 2018 4:06 pm

Hi,

I am an permanent resident at UK for 10 plus years and I have ILR since 2014.

Reason I ask is, Im serving a community order of 18 months, 10 months have passed. Can my unspent conviction impact the successful acceptance of my application?ith ILR since Jan 2014 and have been in UK for past 11 years.
On a trip to EU recently, I lost my passport and BRP card. I applied for replacement Passport which I got recently and Im now in the process of applying for replacement BRP Visa which will allow me one time entry to UK.

I have a critical query - does this application for replacement BRP Visa fall under leave to enter / leave to remain?

Im serving a community order of 18 months, 10 months are passed and its still unspent. Will it impact my BRP replacement visa application?

as per the refusal guide from UKBA;
https://assets.publishing.service.gov.u ... 9.0EXT.PDF

320(18A) V 3.5(a) The applicant has been convicted of
or admitted an offence for which they
received a non-custodial sentence or
other out of court disposal that is
recorded on their criminal record
within the 12 months prior to the date
on which the application is decided,

Will the above apply to my application?

Thanks for your advice.

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zimba
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Re: replacement BRP Visa from outside UK

Post by zimba » Thu Aug 02, 2018 5:26 pm

The guide you linked does NOT apply to you as you already have ILR. Instead there are other rules and a different guide on when someone's ILR can be revoked. See: https://www.gov.uk/government/publicati ... uk-process

Unless being deported due to a criminal offence, ILR generally should be unaffected even with a conviction. Your status should not be affected during BRP replacement procedures
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

goodgo
Newly Registered
Posts: 7
Joined: Thu Aug 02, 2018 4:02 pm
United Kingdom

Re: replacement BRP Visa from outside UK

Post by goodgo » Fri Aug 03, 2018 9:34 am

Thanks for the clarification, its very helpful.

Am I right to assume that if my conviction was deportation worthy, UKVI would have acted on it by now, it's been 10 months since sentencing. It was a community service order? Should I be worried about them considering revoking my ILR now?

I did not inform UKVI myself about my change of circumstances, as I was not aware of it. Can that have a negative impact now, when Im declaring it in my replacement BRP Visa (single entry to UK from outside) application?

Finally, have you guys at immigrationboards ever heard of someone's ILR being revoked on basis of a one off conviction, which resulted in community service order.

Many Thanks!

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zimba
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Re: replacement BRP Visa from outside UK

Post by zimba » Fri Aug 03, 2018 12:25 pm

Yes but your conviction was not serious to lead to an ILR being revoked. Surely your 'Good character' is affected now which means you cannot get British citizenship soon.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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