Hi.My visa expired in August last year but I was told that might be they have already curtail my leave which I can't confirm as immigration does have my passport.The case was pumping up income to get extra points for Tier 1& thus using deception to gain visa.They put 2 charges, one deception & other money laundering but later removed second charge & I was sentenced to 6 months imprisonment. At this moment my wife got Indefinite leave to remain which she got on 29 April this year.We also got my daughter registered as British citizen.
My wife was on 5 years work permit even before we got married. After lawfully spending 5 years on work permit she applied for Ilr which she got end of April.she is working with tour travel company.
Absolutely yes.I got lovely little daughter & good wife
Sorry to reply late.In this situation what would be more appropriate?Either to apply spouse visa or to apply in some other category?
Thanks for your prompt quick reply.Just last query.If you could go through reply given my solicitor & comment it would be really great as they are suggesting some thing different here.
The case would have been discretionary or exceptional leave but the basis of the case has now changed since July 2012.
The case very much depends on Human Rights grounds but in the rules any imprisonment of less than 12 months you would normally have to wait 5 years before its spent in terms of the general grounds of refusal unless a case for human rights can be proved.
A difficult case like yours could take up to a year to be decided.
The choices are
Wait 5 years total signing on but it would mean another 2-3 years reporting in but this leaves it all open ended and we do know that you could eventually be in line for administrative removal and this would trigger an appeal at that point.
Try for exceptional leave – this can be on the basis of your wife here and child here and your good behaviour since. We can apply on the new rules that includes EX 1. You do not have to have existing leave but I need to check your last UKBA paperwork to see the last documents issued to you to see if it might exclude you from applying under this route. There are 2 reasons the best interests of the child and your partner as well.
The EX 1 cases are very difficult the criteria is not set out that can make a guaranteed application and the facts are as they are per case and everyones case has its own merits.
All I can tell you is that realistically you can expect a long hard road forwards and if you have the patience we will get there in the end but it will be one step at a time. You may have to go to appeal.
Thanks very much for your prompt answers. Really appreciated!!!
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