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Frantz I
Frantz I, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 337
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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I have a driving conviction that will only pass 2 years in

Resolved Question:

Hello Thomas,
I have a driving conviction that will only pass 2 years in age 2.5 months after the sixth year of my tier 2 general visa expires. Arrived in the UK October 2011. Since I cannot get it, is it possibly to extend the visa?
Submitted: 11 months ago.
Category: Immigration Law
Customer: replied 11 months ago.
The time interval relates to the conviction date, not a spent date.
Expert:  Nicola-mod replied 11 months ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 11 months ago.
Hello Nicola,Many thanks for the update. I confirm that I am able to wait for the response and understand that with continually changing immigration rule this is required.Kind regardsWes
Expert:  Frantz I replied 11 months ago.

Hello Wes

I cannot understand your question. Please could you rewrite your question in plain English? I dont understand what you mean by "pass 2 years in age or what you mean by 2.5 months after the sixth year of my tier 2"

Customer: replied 11 months ago.
My driving conviction 1/2016 with no custodial disposal.
Visa expiration tier 2 general 10/2017 (6th year of stay).
Can I get a further tier 2 visa extension as I cannot get ilr.
Expert:  Frantz I replied 11 months ago.

Hello

Thank you for clarifying your question.

Those granted leave to remain under Tier 2 can only extend their stay to continue their employment up to a maximum of 6 years. Your current Tier 2 visa appears to have been granted after April 2011, which means that you will only be able to apply for settlement after 5 years if you meet the minimum earnings at the time of application amongst other requirements. The current minimum is £35,000 and this is likely to change. If you do not meet the requirements you can only spend a maximum of 6 years in the UK and then not allowed to return to the UK for a minimum of 12 months.

Even if you meet the specific requirements under the settlement route, you can still be refused if any of the general grounds of refusal apply. Under the discretionary grounds for refusal, having a conviction of an offence for which a non-custodial sentence or other out of court disposal is recorded can result in a refusal. Please note that this ground of refusal is discretionary and not mandatory. So you will still have a chance of success depending on your circumstances.

You may wish to give more detail of your driving conviction. In any event I would be grateful to be rated.

Customer: replied 11 months ago.
Does your summary include the recognition that ilr is automatically refused if you have a conviction that is under 2 years old, or is this not the case? My salary is more than double the threshold and time in the UK over the 5 years has seen me leave only for work in small periods of time (1-2 weeks).
Expert:  Frantz I replied 11 months ago.

You need to provide more information about your conviction

Customer: replied 11 months ago.
Failing to stop and careless driving. Received a fine and 3 month ban, no points but endorsed licence.
Expert:  Frantz I replied 11 months ago.

Hello

Given that you have been convicted of the offence of failing to stop and careless driving and you were ban and fined, any conviction within the 24 months preceding the date of an application will be refused.

Frantz I, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 337
Experience: Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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