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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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Am about submitting my application and I have a

Resolved Question:

Hi am about submitting my application for ILR and I have a drink drive offence in April 2015 which I was fined 450 and ban till May 2016 . Can I apply for a Sam day service or not 2 will the drive offence will affect my application?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 1 year ago.
Hello,
Your application will be refused if you apply within 3 years of the date of your conviction.
So, you must wait until 3 years have passed from the date you were convicted before you apply for ILR.
Hope this helps
Customer: replied 1 year ago.

Based on your reply what do you think I should do now because there is no more extension for Tiar1 general (HSMP) this has close in April 2015 so I can not apply for an extension.

Expert:  UKSolicitorJA replied 1 year ago.
You may lodge an application for further leave to remain on discretionary grounds using form FLR(O) and see what happens.
You may explain that you are not applying for ILR due to the conviction and that you intend to do so in 3 years once it becomes spent under good character rules.
All the best
Customer: replied 1 year ago.

But going through paragraph 322 1c (5) They have within 24 months prior to the date on which the application is decided been convicted of or admitted an offence for which they have received a non custodial sentence or other out of court disposal that is recorded on their criminal record.

So I think is two years not three years

Expert:  UKSolicitorJA replied 1 year ago.
It is 3 years, see page 5 of this internal document of the Home Office
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/406368/Chapter_18_Annex_D_v02.pdf
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