Criminal History for ILR Application **URGENT**

[zak13]

Hi everyone,

I have my PSC appointment soon but am very worried that would like to have your thoughts on my case.

I am applying 10 year route to obtain ILR. I met all the requirements but have one Criminal Offence committed over 24 months ago with non-custodial sentence (fines).

General grounds for refusal states that “It is unlikely a person will be refused under the character, conduct or associations grounds for a single conviction that results in a non-custodial sentence outside the relevant timeframe”. But what I understood from recent news is that ILR applicants have been facing increased refusals by HO using the paragraph 322 (5) to question one's past conduct and character.

Questions I have is...

1) Does it likely that HO would still use paragraph 322 (5) to turn my application down?
2) Is it good idea to explain the situation and background to the conviction in writing within my application? - After all, it is convicted and in the record. My explanation is purely a personal thing and not evidence backed.
3) Do you have any other suggestion or recommendation in how to deal with this?

Thank you

[zimba]

Paragraph 322 mostly affected the Tier 1G route applicants and largely due to their tax discrepancies. Tier 1G route is now fully closed
If you had a non custodial sentence more than 24 months ago, it should not affect your ILR

[zak13]

Paragraph 322 mostly affected the Tier 1G route applicants and largely due to their tax discrepancies. Tier 1G route is now fully closed
If you had a non custodial sentence more than 24 months ago, it should not affect your ILR

Dear Zimba,

Thank you for your response. It's relieving to hear this. Am I correct that it is, however, remain under the discretion of the caseworker to excercise the paragraph 322 (5)?

[zimba]

Yes but unless you are a repeating offender or have several offences in the past, you should not worry

[zak13]

Thank you Zimba. I will update when I had my appointment.

The last thing... do you think it is necessary for me to produce a letter to the caseworker explaining background of my conviction?

[zimba]

No

[zak13]

Just to update, my application was successful and have been granted an indefinite leave to remain.

Good luck to whoever reading this!