Grounds for automatic Refusal of Indefinite Leave to Remain in the UK

What is Indefinite Leave to Remain?

Indefinite Leave to Remain (ILR), allows a person to settle and stay permanently in the UK. There are different routes which can be used to obtain ILR including SET(LR).

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What is included?

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  • Adultery and Intolerability
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  • Co-Respondent
  • What Would You Do Next?

Grounds for Refusal

Any application for ILR will be automatically refused where the Applicant was involved in criminal activities and fulfils the following criteria.

4 Years’ Imprisonment

Under Uk’s Immigration Law, If the Applicant is convicted of a criminal offence in the past and was imprisoned for at least 4 years or more then such application for ILR will be refused automatically, infect if an applicant knows that he has such conviction then there is no point of applying for ILR at the first instance. It will be a futile exercise and a waste of money for the applicant.

12 Months’ Imprisonment

Where the Applicant is convicted in a criminal matter and was imprisoned for at least 12 months but less than 4 years then such application for ILR will also be refused automatically, unless’ the conviction is spent and at least 15 years have passed since the conviction is “spent”, any application for ILR will be refused by the Home Office.

Spent Conviction

A conviction is considered spent only at the end of the imprisonment and after the laps of the conviction time period. For example, if someone is imprisoned for 3 years, the conviction will be considered spent at the end of 3 years imprisonment.

Less than 12 Months’ Imprisonment

The criminal conviction which resulted in the imprisonment of fewer than 12 months will also cause an automatic refusal of an application for an ILR unless a period of 7 years has passed since the end of the conviction.

No Custodial Sentence

where an applicant was convicted of a criminal conviction and received a non-custodial sentence or out of court disposal, within the last 24 months, then such application will also be refused. The Applicant can apply for ILR once 24 months’ time period is lapped. Under no circumstances, one should make an application within 24 months preceding the date of application.

Applications for Limited Leave to Remain

Any application for the Limited Leave to Remain or for the renewal of Limited Leave to Remain in the UK will also be refused where the applicant is convicted and sentenced for 12 or months. An application for ILR will also be refused where the Applicant is excluded from Refugee status or under Articles 1(F) and 33(2) under exclusion and refugee convention.

Immigration is a complex area of English law, for further assistance you can speak to our experienced immigration and nationality lawyers immediately through our Instant Access service. You can learn more about general rules for Indefinite Leave to Remain and other Immigration categories here.

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