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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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question re criminal with discretionary leave to remain

Customer Question

Turkish man with discretionary leave to remain till March 2015. Only got that as married to uk citizen and they had a child, he had a conviction for careless driving. Has to reapply for another 3 years discretionary until conviction spent. Abandoned wife and child may 2012. Has another conviction March 2013 for sending threatening phone calls. This is under the telecommunications act. End of 2013 another conviction for domestic abuse to another woman. May be allowed by courts to have supervised access to his son through a contact centre one hour per month. This will be reluctant on child's mother's part as he has threatened to kidnap the child. Got backing from another Turk to go into partnership in a barber's. Will his application for more discretionary leave to remain be granted. Estranged wife hopes to divorce him asap. Thanks

Submitted: 2 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

Although discretionary leave is by its nature, discretionary and depends on the Home Office who has the final say, from what you have said about this person, it is unlikely that he will be granted an extension.

His wife may inform the Home Office about the convictions (esp. domestic violence) etc and the fact that she will separate from/divorce him.

The Home Office has the power to remove/deport him from the UK.

Hope this helps
Customer: replied 2 years ago.

I feel the info you have given me is not worth the money. A layman would have given the same answer.

Expert:  UKSolicitorJA replied 2 years ago.

See page 34 of this document: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/257993/leave-to-remain.pdf

 

As the person has been convicted of domestic violence and has a history of re-offending, it is likely that he will be refused under paragraph 322(5) of the Immigration Rules.

 

Hope this clarifies.

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