How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask UKSolicitorJA Your Own Question
UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
62162956
Type Your Immigration Law Question Here...
UKSolicitorJA is online now

I am applying for an FLR(FP) on basis of family life as a parent

Customer Question

I am applying for an FLR(FP) on basis of family life as a parent
but I'm not sure what is meant by the 5 years route or the 10 years route?

Will my pending criminal (common assault charge) Prosecution affect my application?
Submitted: 3 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,


-Could you explain your situation a little more?
Customer: replied 3 years ago.
I arrived in the uk on 2013 on a spouse visa, my wife falsely reported to the police I assaulted her now they charged me. We have a 7months son.
Expert:  UKSolicitorJA replied 3 years ago.
Sorry to hear about this. Are you still with your wife and do you have primary care of your son?
Customer: replied 3 years ago.

i am separated from my wife i have a contact order from court granting me access to my son.

Expert:  UKSolicitorJA replied 3 years ago.
Thank you.

The 5 year route to settlement would apply to you as your child is a British Citizen and the other parent is also British. However, your charge for common assault may have an impact on your application and it depends on the discretion of the Home Office. If the injury was serious, then you could be refused further leave to remain.

You may read more here

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/299115/GGFR_Sec1v15.0EXT.pdf#page15

Hope this answers your question.
Customer: replied 3 years ago.

at the moment I'm not convicted as I'm due to appear at court for trial.

do i need to declare it on the application form because I'm innocent until proven guilty by court.

the link you had given doesn't work.

 

if the application FLR(FP) is successful how long leave would they grant me.

Expert:  UKSolicitorJA replied 3 years ago.
Yes, you need to declare it as you were arrested.

Try this link

https://www.gov.uk/government/publications/general-grounds-for-refusal-about-this-guidance
UKSolicitorJA and other Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

if the application FLR(FP) is successful how long leave would they grant me. 5 years.


If I applied and refused would I be given a appeal right.
Expert:  UKSolicitorJA replied 3 years ago.
Yes, you would have appeal right.It would be 30 months and then another 30 months.I suggest you read this internal guidance carefullyhttps://contact-ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/modernised/family/family-parent?view=Binary

Related Immigration Law Questions