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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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hi

Resolved Question:

Hello, i am on spouse visa and my wife a british and i apply for ILR and it was refused due to i don't declare my motor traffic offence is a conviction which i dont know and i am banned from drining for 3years. so i was told my d HO to withdraw or they will refused my application. can i appeal fresh and declare everything and would i been granted my ILR?
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.
Hi

When was the conviction please?

Kind regards

Tom
Customer: replied 3 years ago.
The conviction was june 2009 which was banned for a year and March 2011 3years banned.
Expert:  Thomas replied 3 years ago.

Hi

 

Did you also receive a fine as part of the sentence?


Kind regards,


Tom

Customer: replied 3 years ago.
Yes, I received a fine.
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your reply.

I’m afraid that there is a “good character” requirement for persons wishing to apply for indefinite leave to remain. Part of the criteria for this is that the Applicant should not have any unspent convictions at the time they make there application:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/goodcharacter/

The Rehabilitation of Offenders Act 1974 governs when an offence becomes spent in the base of a driving ban and fine this will be 5 years from the date of conviction (assuming you were 18 years of age when you were convicted.

This means that the UKBA will be permitted to refuse any application for ILR that you make until 5 years from the date of the conviction. They reject your application almost certainly I would say, I have not seen a case where they have not unfortunately.

Therefore, if you visa is to expire you would apply for Further Leave to Remain as a opposed to Indefinite Leave to Remain. In this case it will not be as much of an issue.

I am very sorry it could not be better news.

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

I will answer your follow up questions you may have.

Kind regards,


Tom
Customer: replied 3 years ago.
Pls what type of extension would i apply for?
Expert:  Thomas replied 3 years ago.

Hi,

 

You will need to apply for Further Leave to Remain as the spouse of a UK national. The form I think you will need is FLR(M), it is on this link but you should carefully read the guidance:-

http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/flr/flrm

 

Trust this clarifies, please click accept..

 

Kind regards,


Tom

Thomas, Solicitor
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Experience: BA (Hons), PgDip, Practising Solicitor
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