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UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I was granted leave to remain as a Refugee in 2009 for initial

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I was granted leave to remain as a Refugee in 2009 for initial period of 5 years which was due to expire in March 2014. I duly applied for Indefinite leave to remain(ILR) before my leave expired in line with current rules. My application was refused on the mandatory criminality grounds in July 2014 as 7 years to the day have not passed since end of my sentence for a past conviction (short by two months). Leave extended in line with rules for further 3 years. I otherwise meet the other criteria for ILR under this route. I was convicted in 2007 for an offence and received a sentence of six months.
I would like to assess the viability of:
1. A reconsideration request. It seems disproportinate that for the sake of two months (when the 7 year period passes since the end of my sentance) I have to wait the same number of time as someone convicted of multiple offenses.
2. A fresh ILR application (via the same protection route) at the end of September 2014 when it is 7 years exactly since the end of my sentence as my application will likely meet all the other criteria for ILR.

I am afraid the criminality threshold is applied very rigidly and if the 7 years had not passed when your application was lodged, then you were rightfully refused, even if you were only out by a day or a week.

You may apply for ILR in September 2014 when the 7 years period is clear.

May I help further?

Customer: replied 3 years ago.

Hello UKSolicitorJA,

Many thanks for your response and candour. I have seen some documents online on the website suggesting that any new applications before the period at least 28 days of leave expiring would be summarily dismissed and returned. This contradicts other documents on the same site. Would you be able offer any clarification on this for me please?

Thank you.

That is the overstayers rule which does not apply in your caase as you have valid leave to remain.
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