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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7617
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Hi, I have applied for leave to remain in the UK in grounds

Resolved Question:

Hi, I have applied for leave to remain in the UK in grounds of private life in August 2012. I want to get settlement through the 10 year route. I have mixture of legal and overstay in the visa and applied in grounds of links in the UK, UK tax payer and having family in the UK. I have lived continuously in the UK since I was 18 for over 13 years.


 


I have not had a reply from UKBA still apart from acknowledgement of application and Biometric test.


 


In August 2013 (one year after applying to UKBA) I got convicted in court of drink driving and received an 18 month ban with a fine (my reading was 62, not high risk offender). I did not have any other convictions of any kind before. I have just attended a rehab course for drink driving that was offered by the court and have the ban reduced by 4.5 months, but still do not get my license back until next year in end of October 2014.


 


I applied for leave to remain directly myself, I did not use a solicitor. I have not informed UKBA about this conviction. Do I have to inform that given that I got the conviction after the application? Will my application be refused if they find out about this? I cannot find the rules if I should inform them about this conviction after application. On the other hand, if I do inform them in a letter in writing, will my application be refused? Many thanks

Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi

Why did you not inform the united kingdom border agency of the conviction please?

Tom
Customer: replied 3 years ago.


The conviction happened after my application. This is why I am asking if I should inform them?

Expert:  Thomas replied 3 years ago.
Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

If the conviction occurred after you made the application then – at this stage – you would not be regarded as having deceived the UKBA in the application itself.

However, the conviction is a change in circumstances that you should really update them on.

The UKBA are permitted to take in to account whether a person is of “good character” for an application like this. If you are convicted of an offence and it is a non-custodial offences (ie. where you receive a fine) then they would be permitted to refuse the application where the conviction occurred within the last 3 years before the application.

Unfortunately, the UKBA would be permitted to refuse the application if they found out about the conviction, which they probably will do. This would mean that you would probably have to apply again for simply further leave to remain rather than indefinite leave to remain.

This is probably what would happen if you were to update them now by writing a letter.

If you did not advise them of this and instead claiming that you did not understand the rules then it may cause problems for you later. It’s likely that the UKBA would find out any way, though there might be a very very small chance that they wouldn’t find out and grant ILR if you otherwise meet the eligibility criteria.

Strictly speaking though, you should inform them but


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Kind regards,


Tom
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